Domestic
intelligence agency now limited to the West Bank,
which reports to President Abbas

Hamas

Islamic
Resistance Movement

Israel Defense Force (IDF)

Israeli armed
forces

'Izz al-Din al-Qassam Brigades

Armed wing of
Hamas

National Security Force

Security force
of the Palestinian Authority now run by Fatah in the West Bank and by Hamas
in Gaza

Internal Security Force (ISF)

Security force
in Gaza
established by Hamas in September 2007, which deals with domestic security
and reports to the Minister of Interior

Palestinian National Authority (PA)

Government of
the OccupiedPalestinianTerritory
as mandated in the Oslo Accords

Palestinian civil police

Police in both
Gaza and the West Bank
who report to the respective Ministers of Interior

PCHR

Palestinian
Centre for Human Rights, human rights group operating in the West Bank and Gaza

PICCR

Palestinian
Independent Commission for Citizens' Rights, established in 1993 as the human
rights commission of the PA, renamed the Independent Commission for Human
Rights (ICHR) in May 2008

Palestinian Legislative Council (PLC)

Legislative
body of the Palestinian National Authority

Presidential Guard

Security force
now limited to the West Bank, which reports
to President Abbas

Preventive Security Organization

Security force
now limited to the West Bank, which reports
to the Minister of Interior

PLO

Palestine Liberation Organization

shabah

Arabic term for painful stress positions used as torture

I. Summary

"If you don't want to talk your body will talk."

-Interrogator in
the West Bank to a suspected Hamas member

"They took me out and opened fire on my legs."

-Fatah security
member in custody of Hamas forces

This report documents serious human rights abuses over the
past year by the competing Palestinian authorities in Gaza
and the West Bank, run by Hamas and Fatah,
respectively. Over the past 12 months, Palestinians in both places have
suffered serious abuses at the hands of their own security forces, in addition
to persistent abuses by the occupying power, Israel.

The specifics differ, but the Hamas-run authority in Gaza and the Fatah-dominated authority in the West Bank have both tightened their grips on power over
the past year. As a result, Palestinians in both Gaza
and the West Bank have experienced a marked
deterioration in respect for human rights and the rule of law.

Since June 2007, when Hamas forcefully seized control in Gaza, it has conducted
arbitrary arrests of political opponents, tortured detainees, clamped down on
freedom of expression and assembly, and violated due process rights enshrined
in Palestinian law. The victims have frequently been leaders, activists and
supporters of Fatah, especially those with suspected ties to a security force
or those who sought to undermine Hamas rule after its electoral win in January
2006.

In the West Bank, the
Fatah-dominated authorities have committed many of the same abuses, with
victims being the activists, leaders and supporters of Hamas and affiliated
institutions. Fearful of a Hamas takeover of the West Bank,
security forces have detained hundreds of people arbitrarily, tortured
detainees, and closed media and organizations that are run by or sympathetic to
Hamas. The West Bank security forces have operated with significant support,
financial or otherwise, from the United States,
the European Union and Israel.

In both Gaza and the West Bank, Palestinian authorities have frequently failed
to hold accountable security force members implicated in serious abuse. Neither
authority is known to have prosecuted any of its own forces for the serious
abuses committed during the heavy fighting in Gaza in June 2007, including summary
executions, maiming and torture. Since then, too few security force members or
commanders have faced justice for using excessive force, ill-treatment or
torture against detainees.

In Gaza,
the Hamas-run government has apparently improved its record in recent months,
after reforming the security forces and judiciary under its control. Security
is better and reports of human rights abuses are down, when compared to the
catastrophic year of 2007, local journalists and human rights groups say. Nevertheless,
local groups still record serious human rights abuses on a regular basis,
including deaths in detention, which require the urgent attention of the Hamas
authorities and any outside donor that provides Hamas with financial or
political support.

In the West Bank, local
human rights groups also report slight improvements in recent months. But
serious violations persist with impunity, including torture. These violations
must be addressed by President Mahmoud Abbas and Prime Minister Salam Fayyad,
as well as the international donors who have given or committed millions of
dollars to West Bank security forces.

Most reports of abuses received by Human Rights Watch and
local human rights groups in Gaza
blame the police or the Internal Security Force, which deals with political and
security-related crimes. For most of the period covered in this report, Hamas
Prime Minister Ismail Haniya was also minister of interior, but the key
security official in Gaza
was Said Siyam, an influential Hamas leader and interior minister during the
Hamas-led government from March 2006 to March 2007. In late April 2008, Haniya
reappointed Siyam to his former position as minister of interior.

In the West Bank,
complaints of abuse are mostly directed at the Preventive Security Service
(PSS) and the General Intelligence Service (GIS), both of which monitor and
control the political factions and militias. The head of Preventive Security in
the West Bank is Ziyad Hab al-Rih, who
formally reports to Minister of Interior Abdel Razak al-Yahya and, through the
minister, to Prime Minister Fayyad. Head of the General Intelligence Service is
Tawfiq Tirawi, who reports directly to President Abbas. Under Article 39 of the
Palestinian Basic Law,the president
is the commander-in-chief of all Palestinian forces.

Preventive Security did not have the right to make arrests
or run detention facilities under Palestinian law prior to November 20, 2007,
when President Abbas issued a decree giving them these powers. The decree says
Preventive Security must respect the rights enshrined in "Palestinian laws and
charters and international treaties" but it also limits transparency by stating
that "the information, activities and documents pertaining to the work of the
Preventive Security shall be considered confidential and cannot be disclosed to
anyone."

In general, abuses in Gaza by Hamas forces tend to be of
shorter duration but more intense: arbitrary detentions accompanied by severe
beatings and, as in two cases documented by Human Rights Watch, gunshots to the
legs. In at least three cases, detainees have died, apparently from torture. In
the West Bank, the security forces generally
hold detainees arbitrarily for longer periods but with less severe physical
violence. In two known cases, one of them documented in this report, a detainee
died, apparently from torture.

In the West Bank, methods
of abuse documented by Human Rights Watch that can amount to torture included:
mock executions, kicks and punches, and beatings with sticks, plastic pipes and
rubber hoses. The most common form of torture was forcing detainees to hold
stress positions for prolonged periods, known in Arabic as shabah, causing intense pain and sometimes internal injury but no
physical mark. Such positions include standing for hours with feet apart and
hands tied behind the back, standing with one leg and one arm raised, or
sitting on the edge of a chair with hands tied to the feet.

Victims, lawyers and human rights activists in the West Bank spoke to Human Rights Watch of an apparent
cooperation between Fatah forces and Israeli security, who share the common aim
of restricting or eliminating Hamas. Many of the men arrested this past year by
Palestinian forces in the West Bank were
previously in Israeli detention for suspected Hamas ties. Israeli forces
arrested or rearrested some of these men after their release from Palestinian
detention.

Officials in both Gaza and
the West Bank adamantly deny that their forces
make arrests on a political basis, saying they only target people who used or
were planning to use violence. But the vast majority of arbitrary arrests and
torture cases documented by Human Rights Watch and Palestinian human rights
groups are of political activists or supporters from the opposing political
side, especially those suspected of having worked for or supported the adversary's
security force. Human Rights Watch documented more than one dozen cases, and
heard of many more, in which the authorities in Gaza or the West Bank released
a detainee after forcing him to sign a document-often after torture-saying he
would cut ties with the rival organization (Fatah in Gaza or Hamas in the West
Bank). Many of these people were never charged with a crime, which suggests a
political motivation behind the arrest.

Compounding the problem, the criminal justice systems in Gaza and the West Bank
are deeply flawed. In Gaza,
after President Abbas ordered judges and other officials to boycott judicial
bodies in June 2007, Hamas began appointing new prosecutors and judges,
although it lacked the legal authority to do so, and many have inadequate
experience. Lawyers and human rights groups in Gaza have condemned what they call political
interference in the judiciary, particularly the forced removal of top officials
and their replacement with individuals considered sympathetic to Hamas. In the West Bank, security forces have at times refused to
release detainees, despite court orders to do so. In both places, authorities
frequently failed to bring detainees before a prosecutor within the 24 hours
required by law. Lawyers have faced difficulty accessing their clients and
authorities frequently failed to inform detainees of the reason for their
arrest.

In both Gaza and the West Bank, the only local organization with a mandate to
visit prisons and detention facilities regularly is the Palestinian Independent
Commission for Citizens' Rights (PICCR), the human rights commission of the
Palestinian Authority (PA), which in June 2008 changed its name to the
Independent Commission for Human Rights (ICHR). According to the organization,
the authorities in both Gaza and the West Bank
reduced its access after June 2007, although in recent months access in Gaza has improved. In both
places, ICHR must pre-arrange its visits and prisoners are sometimes moved,
apparently to avoid inspection.

Access to detention facilities for independent monitors
would provide transparency and a degree of oversight to criminal justice
systems that are opaque, and in some cases it might save lives. In February
2008, PICCR twice asked the General Intelligence Service in the West Bank for permission to visit its detention facility
in Ramallah. The GIS failed to reply. On exactly the day PICCR wanted to visit,
an imam and Hamas member named Majid al-Barghuti died in the facility,
apparently from torture.

The International Committee of the Red Cross (ICRC) does
have regular access to detention facilities in both Gaza
and the West Bank, and it raises its
observations on detention conditions and detainee treatment with the respective
authorities. Because ICRC reports are not made public, however, the problems
they have identified or raised remain unknown.

Many of the abuses documented in this report have been
exacerbated by the destruction Israel
inflicted on Palestinian security installations and criminal justice facilities
since the second Intifada began in 2000, as well as restrictions on movement
imposed by Israel on
Palestinian security forces in the West Bank. In
addition, the Palestinian security system is burdened by a legacy of multiple
and often overlapping services, lack of independent oversight and the absence
of witness protection. With little investigative experience and no forensic
facilities, security forces continue to rely on a confession-based system,
which encourages the physical and psychological abuse of detainees.

None of these burdens, however, justify the abusive behavior
of security forces in Gaza and the West Bank. Direct orders to commit abuses, or the lack of
political will to stop them, have caused additional suffering to a people
already enduring ongoing violations as a result of the Israeli occupation. The
widening gap between Gaza and the West Bank has paralyzed the legislative process and
desperately needed legal reform.

The international community has contributed to the negative
trend. Since the Hamas takeover of Gaza, foreign governments active in the
region-in particular the US and EU Member States-have pursued a two-prong
approach: isolate and pressure Hamas in Gaza while aiding and promoting Fatah
in the West Bank. The report does not address the political decision to isolate
Hamas, but it criticizes governments that have pledged US $8 billion to the
Palestinian authority in the West Bank,
including millions in training and aid for its security forces, for their
inadequate attention to the abusive practices of those forces. The focus of
outside support is clearly on strengthening the forces loyal to Abbas as a
counter-weight to Hamas, despite the abuses that these forces routinely commit.
On the political front, these foreign governments regularly, and correctly,
condemn Hamas for its abusive behavior, but they remain silent on equally
serious abuses by forces under the control of their ally in the West Bank.

Aid to Hamas authorities in Gaza is a similar concern, although little is
known about how much is given and by whom. According to US, Israeli and Fatah
officials, Hamas receives aid from Syria
and Iran.
If these countries do support the Gaza
security forces, then to avoid complicity they should condition their aid on
concrete and verifiable steps to reduce the serious human rights violations
documented in this report. Governments that support Hamas politically should
publicly condemn the movement's abuses and press it to enact reform.

The report recommends that the authorities in both Gaza and the West Bank
prioritize the protection of human rights in all their activities. Hamas and
Fatah leaders should publicly commit to eliminating torture, and enforce that
claim by vigorously prosecuting members of the security forces who use or order
the use of torture against detainees. Individuals who are arrested and denied
their due process rights should be released. Lawyers and mandated human rights
organizations should be granted unimpeded access to detention facilities to
visit clients and monitor conditions.

On the international level, the substantial aid and
assistance committed to West Bank security
forces by western and Arab governments should be conditioned on concrete steps
to reduce arbitrary arrests, torture and due process abuses. No aid should go to
units implicated in human rights abuses. More aid and training is needed to
encourage reform of the criminal justice system that promotes transparency,
accountability and civil control. International donors to the Hamas-run
security forces in Gaza
should condition their aid on the same steps, with regular monitoring to ensure
that Hamas works to end abuses of human rights.

In both Gaza and the West Bank, the human rights abuses documented in this
report-arbitrary arrests, torture, unlawful detentions and denial of access to
a lawyer- amount to violations of Palestinian law. The Palestinian Basic Law,
considered the interim constitution, guarantees the right to equal treatment
before the law, freedom of expression and association, and fundamental due process
rights. Torture is forbidden.

All of the abuses documented in this report are also
prohibited in a wide body of international instruments, including the Universal
Declaration of Human Rights, the International Covenant on Civil and Political
Rights, and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT). Both the Hamas and Fatah authorities
claim to be the legitimate leaders of the Palestinian Authority. Not being a
state, the PA cannot sign or ratify these treaties, but PA officials have
repeatedly pledged to respect their standards. As a political party and armed
group, Hamas has publicly committed itself on numerous occasions to respect
international human rights norms.

Methodology

This report is based on research conducted during two trips
to Gaza and three to the West
Bank between October 2007 and April 2008. During that time, Human
Rights Watch conducted lengthy interviews with 19 people in the West Bank who were victims of human rights abuses, as well
as witnesses to those and other abuses. The cases came from in and around the
towns of Nablus, Jenin, Ramallah, Bethlehem and Hebron.
In Gaza, Human
Rights Watch interviewed 20 victims of human rights abuses at the hands of
Hamas forces, as well as witnesses to those and other abuses. Human Rights
Watch selected the victims to interview primarily from three sources: media
accounts, reports of local human rights organizations and the staff of local
human rights organizations who knew of cases. In both Gaza
and the West Bank, Human Rights Watch also
spoke with a wide array of human rights activists, lawyers, judges,
journalists, government officials and security force commanders. Their comments
and observations are footnoted in the report.

Interviews were mostly conducted in Arabic and English with
an interpreter, although some interviewees spoke English. The interviews in
detention facilities (Gaza Central Prison in Gaza, the Preventive Security facility at
Bituniya and the military intelligence facility in Jenin) were conducted in
private. In both Gaza and the West
Bank, many of the victims feared retaliation and did not want
their full names to appear in print. In those cases, the name is either
withheld or initials are used, depending on the request. Among those
interviewed by Human Rights Watch, more people requested anonymity in the West Bank, perhaps because they feared arrest by
Palestinian and Israeli forces. In general, Fatah in Gaza
operated more openly than Hamas in the West Bank
which is primarily underground.

On May 23, 2008, Human Rights Watch submitted a list of
detailed questions to the offices of Prime Minister Ismail Haniya in Gaza and President Mahmoud Abbas in the West
Bank, asking them to respond for the purposes of this report. Prime
Minister Haniya's office replied on June 4 and its answers are reflected at
relevant points in the report. As of July 10, President Abbas's office had
failed to reply. On June 20, Human
Rights Watch submitted questions to the office of Lt. Gen. Keith Dayton, US
Middle East Security Coordinator, about US funding and training for security
forces in the West Bank. As of July 10, his
office had not replied.

II. Background

January 2006 Elections

In January 2006, Hamas won Palestinian National Authority
(PA) elections in Gaza and the West
Bank, defeating President Mahmoud Abbas's Fatah party, which had
long dominated Palestinian politics and ruled the PA since its formation in
1994. Out of 132 seats in the Palestinian Legislative Council (PLC), Hamas won
74 (in addition to four by Hamas-supported independents), compared to 45 for
Fatah.[1]
Independent candidates and smaller parties split the remaining 13 seats.[2]
Two months later, Hamas formed a government headed by Ismail Haniya as prime
minister.

Citing Hamas's refusal to recognize Israel, renounce
violence, and accept the terms of previous agreements, Israel and the Middle
East "Quartet" responded by imposing sanctions.[3]Israel
withheld US $50-60 million of tax revenue that it collected on behalf of the PA
and severely restricted Palestinians' freedom of movement, particularly into
and out of the Gaza Strip. Over time it arrested dozens of Hamas officials,
including ten ministers and 43 members of the PLC.[4] Due
to the arrests and political disagreements between Fatah and Hamas, the PLC has
not convened with a quorum since February 2006.

After the elections, tension between Fatah and Hamas
escalated quickly on the political and security fronts. Periodic clashes
erupted between security forces and affiliated militias from both sides as
attempts to form a coalition government failed. Hamas complained that security
forces loyal to Fatah were not submitting themselves to the authority of the
new interior minister. In April 2006, it announced the creation of a new security
force called the Executive Force (Al-Quwwa
al-Tanfiziyya), which it said was needed to supplement the police. President
Abbas decried this step as the creation of a parallel police force, and urged
Hamas to integrate its forces into official structures. Hamas refused and in
January 2007, two days after Executive Force members killed a senior Fatah
security official in Gaza,
President Abbas declared the force illegal.[5]

On February 9, 2007, following Saudi mediation, Fatah and
Hamas signed the Mecca Agreement under the auspices of King Abdullah Ben Abdul
Aziz, in which they pledged to pursue dialogue and political pluralism and to
form a unity government the following month, with Haniya remaining as prime
minister and Fatah and others joining as ministers. The infighting and clashes
resumed nevertheless and the newly formed unity government remained weak during
the three months that it existed, from March to June 2007.

Israel
and outside powers, especially the United States and European Union,
exacerbated the divide between Fatah and Hamas by pressuring one side and
bolstering the other, even during the brief unity government period, offering
contacts and funds only to Fatah, other non-Hamas parties, President Abbas and
the security forces under his control. In early 2007, the US announced more than $80 million in aid for
Fatah security forces in the West Bank. Israel, meanwhile, tightened its closure of Gaza's borders, over which
it has near total control, including restrictions on the supply of electricity
and fuel, in violation of international humanitarian law.[6]

Throughout April and May 2007, armed clashes between Hamas
and Fatah security forces resumed in Gaza,
with each side accusing the other of fomenting chaos to undermine the unity
government. In early May, the politically independent interior minister Hani
al-Qawasmeh resigned, saying he lacked the requisite authority. The fighting
worsened, despite repeated attempts to establish ceasefires.

June 2007 Fighting

Clashes peaked in mid-June 2007, when Hamas
forces seized control of Gaza's security
facilities and government buildings.[7] For eight
days the fighting was intense, and both sides engaged in serious violations of
international humanitarian law, such as torturing and summarily executing
captured and incapacitated fighters, including those inside hospitals,
unnecessarily endangering civilians by fighting from populated areas, and
blocking medical access to the injured. Hamas security forces, including members of
the Executive Force and the `Izz al-Din al-Qassam Brigades, shot several
captured Fatah security members multiple times in the legs – a practice that
continued over the following months (see two cases in this report of men from GazaCity).[8] By the end
of the battle on June 13, Hamas had taken control of all major security
installations and most government institutions in the Gaza Strip.

In total, 161 Palestinians died during this period, including 41
civilians, according to the Palestinian Centre for Human Rights, among them
seven children and 11 women. At least 700 were wounded.[9]
Despite the gravity of the abuses committed by both sides, neither Hamas nor
Fatah authorities have made any apparent effort to investigate the crimes
committed by forces under their control.

Two Authorities

On June 14, President Abbas dismissed Prime Minister Haniya,
dissolved the National Unity Government, declared a state of emergency, and
appointed an emergency government run by Salam Fayyad, a leader of the Third Way party,
who is still prime minister in the West Bank
today. He denounced Hamas for having staged a "coup."

Experts in Palestinian law and independent members of the
PLC have questioned the legality of the Fayyad government.[10] According
to the interim constitution, the Palestinian Basic Law, the president can
dismiss a prime minister (article 45) but the dismissed government continues to
function as a caretaker government until a new government is formed and
receives a vote of confidence from an absolute majority of the Palestinian
Legislative Council (article 67).[11]
To date, the Hamas-majority PLC has not met to confirm the Fayyad government,
largely due to the 43 Hamas members in Israeli detention. As such, Haniya's
cabinet should remain as a caretaker government (article 78).

Despite these legal concerns, Israel,
the EU and the US
welcomed Abbas's decision, with US Secretary of State Condoleezza Rice saying
Abbas had exercised his "lawful authority."[12] As
EU president, the German government said it "emphatically supports President Abbas's decision, in keeping with the
Palestinian Basic Law, to dismiss the government and to appoint a caretaker
government for the Palestinian territories."[13]

On June 16, 2007, Abbas issued a decree that formally
declared the Executive Force and Hamas militias illegal because they engaged in
"armed mutiny" and ordered punishment for anyone "proven to have any kind of
relations or connections with these militias."[14] The
decree set the tone for a crackdown against Hamas and its supporters in the West Bank that continues to this day.

Hamas rejected the emergency government and considers Ismail
Haniya the legitimate prime minister to this day. It replaced Fatah and other
government ministers in Gaza
with its officials and refers to itself as the "dismissed government" or the "caretaker
government." Many journalists and analysts, as well as the United Nations, call
it the "de facto government" in Gaza,
which recognizes Hamas's control in the territory.

As with the Fayyad government, experts question the legality
of the Hamas government in Gaza.
Although Hamas won the January 2006 PA elections, it unlawfully used its
militia to seize control of government institutions. Regardless of their
legality, however, the authorities in Gaza and
the West Bank have both claimed legitimacy and
exercise respective de facto internal control. As such, they should abide by
Palestinian law and international human rights law.

The Ramallah-based authorities have continued to refuse
recognition of the Hamas government in Gaza.
They ordered a boycott of the security, judicial and other government sectors,
ordering employees to stay home from work if they wanted to get paid. President
Abbas and Fatah, along with the US
and most European governments, demanded that Hamas relinquish control of Gaza. They have supported Israel's
border closures and unlawful restrictions on the supply of electricity and
fuel, which amount to collective punishment under international law.

According to Palestinian security officials in the West
Bank, since June 2007, Israel
has assisted them in their common fight against Hamas.[15] The
cooperation has generated resentment among some Palestinians. According to one
human rights activist Human Rights Watch interviewed, reflecting a common view
among Palestinians in the West Bank, the
forces under President Abbas are the "subcontractor of the occupation."[16]

According to Israel
and the US, Hamas has
received funding, weapons, and training from Syria
and Iran.[17]
A Fatah intelligence official has also pointed the finger at Iran.[18] Hamas
has rejected the claims. According to the US, Hamas also conducts fundraising
in some Gulf countries, and receives donations from Palestinians around the
world and from private donors in Arab states.[19] Human
Rights Watch cannot confirm these claims, but Iran has in the past offered to
support the Hamas-run PA.[20]
The leader of Hamas, Khalid Meshal, is currently based in Syria.

Consolidation and Control

Since June 2007, Hamas has consolidated its control and
established a Gaza
administration, filling the vacuum left by the Abbas-ordered boycott. Despite a
lack of experience in running government affairs, it managed to reduce the
crime and chaos endemic in 2006 and the first half of 2007.[21]

Hamas began by reorganizing the security forces under its
control. Immediately after the fighting ended in June 2007, the armed wing of
Hamas, the `Izz al-Din al-Qassam Brigades, began policing the Gaza Strip,
making arrests and running detention centers, including the al-Mashtal facility
in Gaza City previously run by the PA's General Intelligence Service. As an
armed group rather than an official law enforcement agency, under Palestinian
law it had no power to arrest or detain. As documented in this report, both the
Qassam Brigades and the Executive Force engaged in arbitrary detentions,
torture and inhumane and degrading treatment of detainees, many of them
affiliated or suspected of affiliation with Fatah security forces.

Under criticism for using the Qassam Brigades as an internal
security force, in September 2007 Hamas created the Internal Security Force
(ISF), which assumed control of the al-Mashtal facility. Hamas presented the
ISF as a new force but lawyers, journalists and human rights activists in Gaza consistently told
Human Rights Watch that most of its personnel came from the Qassam Brigades. In
October 2007, Hamas dissolved the Executive Force, and absorbed its personnel
into the police. Hamas appointed a former Fatah security officer, Tawfiq
Jabber, as police chief, reporting to the minister of interior. In fact, the police
and ISF were widely believed to be controlled by a senior Hamas official, Said
Siyam, who served as minister of interior in the Hamas-led government from
March 2006 to March 2007. In April 2008 Prime Minister Haniya again appointed
him minister of interior.

Since June 2007, Hamas also has taken steps to restructure
the judiciary, often in violation of Palestinian law. To replace those who left
their jobs after the Abbas-ordered boycott, Hamas appointed politically loyal judges
and prosecutors, who lack both experience and independence. Hamas claims they
were forced to make these appointments to ensure the functioning of the
judicial system after the boycott.

Despite the ceasefire between Israel
and Hamas in June 2008, Palestinian armed groups have continued to fire rockets
indiscriminately into civilian areas in Israel, and Hamas has declined to
make them stop. These attacks are serious violations of international
humanitarian law.[22]

In the West Bank, security forces and militias controlled by
Fatah, including the Fatah-allied Al-Aqsa Martyrs Brigades, began an offensive
against suspected Hamas individuals, organizations, and media, determined to
prevent a repetition of the Hamas takeover in Gaza. In the process, these forces committed
numerous abuses, such as arbitrary detentions, torture, and assaults on private
property. They arrested hundreds of people suspected of supporting Hamas, and
released them only after they signed documents that they would sever ties with
Hamas. To date, Human Rights Watch knows of no security force member who has
been investigated or prosecuted for these unlawful acts.

Abuses by West Bank
security forces have continued over the past year, with a special focus on
Hamas and its supporters, real or suspected. The Preventive Security and
General Intelligence Service have been most responsible for arbitrary
detentions as well as ill-treatment and torture.

The struggle between Hamas and Fatah has had a major impact
on Palestinian lives. For the first time since Israel occupied Gaza and the
West Bank in 1967, more Palestinians in the occupied territory died in 2007 as
a result of internal Palestinian fighting (at least 490) than from Israeli
attacks (at least 396).[23]
In Gaza alone, 454 people died in internal
violence (188 of them in June), compared to 301 killed as a result of direct
conflict with Israel.[24]
The cleavage has paralyzed the Palestinian Legislative Council, allowing power
to be concentrated in the respective executive powers, and blocking desperately
needed legal reform.

The annual reports of PICCR (now ICHR) show the
deterioration well. In 2007, the organization recorded nearly double the number
of abuses from the previous year. Torture made the biggest jump, increasing
from 52 cases in 2006 to 274 in 2007 (154 cases in Gaza
and 120 in the West Bank). The ill-treatment
of detainees increased from 104 reported cases in 2006 to 146 cases in 2007 (19
in Gaza and 127 in the West
Bank).[25]
Reports of violations in both Gaza and the West Bank declined in the first months of 2008, but it
remains unclear whether this positive trend will continue throughout the year.

Mid-2008 saw potential for progress as Hamas and Fatah
discussed possible reconciliation. On June 4, President Abbas announced the
formation of a committee of senior Palestinian officials to prepare for
"national dialogue" with Hamas and called for implementation of the Yemeni
initiative.[26]
Later that month, Israel and
Hamas agreed to a six-month ceasefire after indirect negotiations brokered by Egypt and encouraged by the US. The truce, which went into effect on June 19,
requires Israel to cease
military operations in Gaza and gradually lift
the border closures in return for Hamas's commitment to halt rocket fire from Gaza, end weapons
smuggling into the territory, and take steps to free captured Israeli soldier
Gilad Shalit.[27]
As of early July, however, both sides had failed fully to respect the truce,
with Israel shooting at
Palestinian farmers trying to access their land in Gaza
near the security fence and Hamas failing to stop armed groups from shooting
rockets at civilian targets in Israel.[28]

III. West Bank: Abuses against Hamas

After Hamas's violent takeover of the Gaza Strip in June
2007, Fatah and the Palestinian Authority feared a similar fate might befall
the West Bank. They took immediate steps to
crack down on Hamas members and institutions, with the political and financial
support of Israel, the United States
and European Union, which likewise wanted to see Hamas's influence in
Palestinian politics reduced or eliminated.

"Yes, we were concerned that something may happen here like
in Gaza," the head of Preventive Security in the West Bank Ziyad Hab al-Rih
told Human Rights Watch. "Our arrests and measures against Hamas came because
of threats to our existence here and our political interests."[29]

The Fatah-dominated security forces moved swiftly in
coordination with allied militias, notably the Al-Aqsa Brigades. Operating with
impunity, fighters from the brigade openly attacked the offices of Hamas PLC
members and Hamas-affiliated organizations and media outlets.[30]
Across the West Bank, security forces
arbitrarily detained Hamas or Hamas-affiliated officials.

Rabi'a H. Rabi'a, a lawyer and member of the Ramallah
Municipal Council, who is not a member of Hamas but won his seat running on the
Hamas list, was one of those arbitrarily arrested.[31] Rabi'a
told Human Rights Watch that, on the night of June 13, the alarm in his office
went off, so he called the police and went to the office with his wife. The
office was on fire but policemen were making no effort to douse the flames, he
said. Human Rights Watch viewed a video taken by Rabi'a's surveillance camera
that night which showed the office filled with smoke.

While Rabi'a was there, about five masked and armed men
arrived, saying they were from the Al-Aqsa Brigades, and told him to come with them.
Rabi'a explained what happened next:

They took me to the parking lot next to the office. They
were masked. They said shut up, we're al-Aqsa. My wife tried to intervene but
they told her to shut up and pointed their guns at her. There were lots of military
and civilian vehicles around. They forced me into a Volkswagen Golf, put a sack
on my head and cocked their guns. They shot in the air. They took me to a place
far away and asked me what I thought about Gaza. I knew nothing. They took me in the
trunk of a car, braking hard as they drove…

Then they took me to a building upstairs, I think it was
military intelligence. There was a room with no one there. They took off my
jacket and everything out of my pockets. Two others came, including my brother.
We were not beaten but I heard others [getting beaten.] I stayed one and half
days in that room, always with a sack on my head. They only took it off when I
went to the bathroom. When the sack was off I saw six people there: my brother,
Majid Saker, Yazid Abu Ghosh, Loay Quran, Sameh el-Ramawi and Iyaz Qattawi.[32]

Rabi'a was released in the late evening of June 15. His
brother was released the following day with one of the other detainees.

Human Rights Watch interviewed one of those detained with
Rabi'a and his brother. The man, Iyaz Mohamed Qattawi, said he was arrested on
June 14 and taken by men who identified themselves as Al-Aqsa Brigades members
to the military intelligence headquarters in Ramallah. He stayed there for ten
days without seeing any judge, he said, although he experienced no other
maltreatment. On June 15 he said he saw six or seven other men, including
Rabi'a and his brother.[33]

On June 16, armed men affiliated with Al-Aqsa attacked the
PLC offices of Hamas members in Nablus.
According to Muna Mansoor, one of five Hamas PLC members from the town,
"uncontrolled members of Fatah" fired on her office on seven different
occasions before setting it on fire. "Every time they shot we called the police
and the governor and we sent letters and I spoke about it in the PLC that we
needed security. Nothing was done."[34]
Armed men similarly attacked Hamas offices in Jerusalem,
Ramallah, Bethlehem and Hebron, she said.

The open attacks on Hamas offices soon abated but the
arbitrary detentions continued, sometimes with torture. First the West Bank security forces targeted Hamas members and
supporters who they believed had arms. Abed al-Salam al-Souqi, head of military
intelligence in Jenin, explained: "As a consequence of what happened in Gaza, we took steps to
make sure it didn't happen here. We arrested a number of Hamas members."[35]
Head of Preventive Security al-Rih agreed. "We have information they were
preparing to do the same thing here as they did in Gaza," he said. "This is based on
confessions."[36]

On August 28, 2007, the West Bank
authorities announced that they would close 103 organizations and associations
because they had committed "legal administrative or financial violations." The
authorities denied that any political motives lay behind the decision. "We
don't look at who is Fatah and who is Hamas," Fadwa al-Sha'r, General Director
of NGO Administration at the Ministry of the Interior, told Human Rights Watch.
"We look at the legal process."[37]
Nevertheless, all of the organizations had been registered after Hamas won the
elections in January 2007. Palestinian human rights activists and lawyers
defending some of the banned organizations told Human Rights Watch that the
process had a clear political edge.[38] In
total, the Hamas-led government had registered 125 organizations in the West Bank.

Over time, Fatah's targets expanded to a wider selection of
suspected Hamas activists and supporters who the authorities claimed might
possess arms or somehow support an armed group. Security officials denied that
they targeted non-violent political activists. "We target military activity or
funding aimed at spreading unrest," al-Rih said. "We don't arrest anyone for
political affiliation."[39]
A ministry of interior report on arrests after June 2007 stressed this view. "It
is fair to say that not a single incident of arrest was without proper
procedure," the report said.[40]
The evidence documented in this report and from other human rights
organizations in the West Bank strongly
refutes this claim.

According to Hamas, over the past year security forces in
the West Bank are responsible for "killings,
abductions and torture of Hamas members, and the destruction and burning of
their institutions." In particular, Prime Minister Haniya's office told Human
Rights Watch, security forces had committed the following abuses against Hamas
members from June 14, 2007 to June 4, 2008: six killings,[41] 56
shootings, 28 assaults or beatings, 1,936 kidnappings or abductions, and 297
attacks on Hamas institutions or property.[42] Human
Rights Watch was not able to confirm these numbers and a request to President
Abbas's office for information about law enforcement activity since June 2007
went unanswered. Regarding arrests and releases, Hamas said it could not
provide any numbers because of its inability to follow cases in the West Bank. According to one media report, as of late June
2008, 54 Hamas members were imprisoned in the West Bank,
but this number is unconfirmed.[43]
In addition, the arrest of a Hamas member or supporter is not in itself a human
rights abuse if the arrest is carried out according to the relevant law,
including charging the detainee with recognizable crimes. West
Bank security forces have consistently maintained that the Hamas
members they arrest have illegally possessed weapons or otherwise violated the
law.

In November 2007,
the West Bank interior ministry opened the Palestinian Security Sciences
Academy (PASS) in Jericho with funding from the
EU and Saudi Arabia
to train officers from the various security forces (see chapter, Role of
International Donors). Some items on the academy's website speak openly of
suppressing Hamas rather than the general goal of law and order or arresting
militant groups. According to a news item on the website announcing the
academy's opening, the cadets "are the vanguard of Palestinian President
Mahmoud Abbas's campaign to prevent the West Bank
from falling to Hamas."[44]
According to the website, Abbas's measures are targeted:

He's closed dozens of Hamas charities, fired Hamas
preachers, arrested hundreds of Hamas activists, including many gunmen,
confiscated weapons and last weekend [October 2007] issued an anti-money
laundering decree meant to dry up millions of dollars in donations from abroad.[45]

Most of the arrests since June 2007 have been conducted by
Preventive Security, the General Intelligence Service or military intelligence.
Under Palestinian law, Preventive Security did not have the right to make
arrests or run detention facilities prior to November 20, 2007, when President
Abbas issued a decree giving them these powers.[46] Article
8 of the decree says Preventive Security must respect the rights enshrined in
"Palestinian laws and charters and international treaties" but it also limits
transparency by stating that "the information, activities and documents
pertaining to the work of the Preventive Security shall be considered
confidential and cannot be disclosed to anyone."

The PLC has not approved the decree because it has not
convened with a quorum since February 2006 but, according to the Basic Law,
presidential decrees have the power of law until the PLC convenes and rejects
them.[47]

By the end of 2007, a pattern of abuse had emerged in
relation to detentions and arrests of suspected Hamas officials and supporters.
First, many of the arrests were unlawful. They often occurred without a warrant
when a warrant could have been obtained, as required by Palestinian law.[48]
In some cases, the arresting officials were masked, did not identify themselves
and did not tell the person of the reason for their arrest. Families frequently
got no information on the location of the relative who had been taken away.

Second, arrested individuals sometimes encountered
maltreatment at the time of arrest or torture during interrogation. In two
cases, one of them documented below, torture apparently led to a detainee's
death.[49]Torture is strictly forbidden under
article 13 of the Palestinian Basic Law, which demands that all persons
deprived of their freedom "receive proper treatment." The Basic Law also
provides that all statements or confessions obtained through duress or torture
are "considered null and void."

Based on Human Rights Watch interviews with victims, methods
of torture used over the past year include: mock executions, kicks and punches,
and beatings with sticks, plastic pipes and rubber hoses. In one case from
February 2008, for example, a 36-year-old man who requested anonymity said he
had campaigned for Hamas in the elections and was subsequently summoned to the
General Intelligence Service headquarters in Ramallah. After questions about
the Hamas organization and leaders, the beating began:

They took me into a room and told me to lie down. One guy
put my legs over a chair. He put my legs over the back. Two interrogators came
with water pipes. They asked the military guy to sit on my legs and they beat
me on the bottom of my feet… I pushed the military man aside and they beat me
all over, with no questions.[50]

The GIS released the man after ten days without filing any
charges, after he signed a document in which he promised to break all ties with
Hamas. He was never accused of a crime, brought before an investigative judge,
or provided access to a lawyer.

The most common form of torture reported by victims and
local human rights organizations to Human Rights Watch was keeping detainees in
stress positions for prolonged periods, known in Arabic as shabah, causing extreme pain and sometimes internal injury but leaving
no physical mark. Such positions include standing for hours with feet apart and
hands tied behind the back, standing with one leg and one arm raised, or
sitting on the edge of a chair with hands tied to the feet.[51]

In September 1999, Israel's High Court of Justice
ruled that the Israel Security Agency could not use physical means during
interrogations, including the use of stress positions. However, the court also
said that interrogators could not be held criminally liable if they used
"physical pressure" against a detainee who was considered a "ticking bomb." According
to Israeli and Palestinian human rights organizations, despite the ruling, torture
against Palestinian detainees still takes place, including shabah.[52]

On May 23, 2008, Human Rights Watch asked President Abbas's
office to explain its official position with regards to shabah. As of July 10, the office had not replied.

Third, security forces have denied many detainees access to
a lawyer-a right guaranteed in article 14 of the Basic Law. In the cases
documented by Human Rights Watch and other human rights organizations,
officials failed to bring detainees before a prosecutor within 24 hours, as
required by Palestinian law.[53]
When judges did review cases and ordered detainees released, the security
forces sometimes refused to comply. In October 2007, PICCR protested this
practice as "unlawful" and "transgressing the independence of the judicial
authority."[54]

Head of the Preventive Security al-Rih acknowledged that his
forces sometimes ignored a judge's order to release a detainee, but he argued
this was consistent with the law. "Usually he's released after a court
decision," he said. "In exceptional cases, we refuse and we transfer the person
to military intelligence." He added, "Sometimes we feel there's something
serious or dangerous, so we appeal through our legal advisor."[55]

According to Palestinian human rights organizations and
available statistics, the overwhelming majority of detained individuals were
released without trial, usually after signing a confession and promising to end
their involvement with Hamas. Preventive Security commander al-Rih acknowledged
this point when he told Human Rights Watch: "If a person confesses, he'll be
released."[56]
Some of the people whose cases are documented in this report were released in
this way.

Human rights activists and lawyers point to the high number
of releases without charge as an indicator of the arbitrary nature of those
arrests. "The problem is not only how criminal trials are conducted, but if
trials are conducted at all," an Austrian judge who was advising the
Palestinian civil police on rule of law issues under an EU program told a
journalist.[57]
According to the head of the Nablus
prison, in late March 2008, roughly 22 of the prison's 172 inmates had been
convicted in court. Of Jericho's
51 detainees, only 13 had received sentences.[58] A
human rights activist in Hebron told Human Rights Watch that in his town there
had been very few trials and, as of March 1, no known convictions.[59]
An official with the EU's EUPOL COPPS program, which works with the civil
police (see chapter on Role of International Donors), told Human Rights Watch
that, in his estimation, 80 percent of all detainees were pre-trial.[60]

Those who did get a judicial review were often brought
before a military rather than civilian court, lawyers and human rights
activists said. The West Bank authorities
argue that these are security cases, but such individuals could be tried in
civilian courts for arms possession or other violations of Palestinian law.

Taken together, these abuses deeply trouble some Palestinian
lawyers and human rights activists working in the West
Bank. "There is no contact with the outside world because they
[detainees] have no lawyer or family visits," said Sahar Francis, director of
the group Addameer, which mostly deals with Palestinian prisoners in Israeli
jails but over the past year has also been addressing detention by Palestinian
forces in the West Bank. "It's a kind of
isolation, sometimes 20 or 30 days." Based on interviews with individuals after
detention, Addameer has documented a pattern of shabah. "All of our cases are of people suspected of being Hamas,"
Francis said.[61]

Khalida Jarrar, who is allowed to visit some detainees in
Palestinian facilities as a member of the PLC's monitoring and human rights
committee, echoed these concerns. "I met prisoners in detention for 40 or 50
days without going before a court or seeing a lawyer or a family member," she
said.[62]
The prisoners told her stories of beatings, prolonged isolation and the use of shabah.

Local human rights organizations have recorded human rights
abuses by all of the West Bank security
forces, but the least problematic force appears to be the civil police, which
deals primarily with common crimes. The most abusive forces, local groups say,
are the Preventive Security or General Intelligence Service. Most of the abuses
documented in this report were committed by one of these two forces.

Preventive Security, commanded by Ziyad Hab al-Rih, was
integrated in 2005 into the ministry of interior, currently run by Abdel Razak
al-Yahya, who reports to Prime Minister Fayyad.[63] The
GIS, commanded by Tawfiq Tirawi, reports directly to President Abbas. Under
article 39 of the Palestinian Basic Law,the president is the commander-in-chief of all Palestinian security forces.

Arrests in the West Bank have involved an apparent
cooperation between Palestinian security forces and Israel, who share the common aim of
restricting or eliminating Hamas. According to Preventive Security chief
al-Rih, his forces and Israel
have "the same goal with different objectives." He added: "Coordination takes
place within the framework of the interests of both people."[64]

The cases in this report and those collected by Palestinian
human rights organizations suggest a degree of intelligence sharing between
West Bank Palestinian forces and Israel. Palestinian forces
frequently detained individuals who had previously spent time in Israeli
detention on allegations of affiliation with Hamas. After their release from
Palestinian detention, Israeli forces sometimes arrested these people again. According
to Muna Mansoor, the Hamas PLC member from Nablus, from June to mid-October 2007, 53
people released by Palestinian forces were subsequently arrested by Israeli
security.[65]
Human Rights Watch could not confirm these numbers.

Since June 2007, Palestinian human rights groups have
encountered increased restrictions on their work by Palestinian authorities. "After
what happened in Gaza, our work became more
complicated, more risky," one human rights activist in the West
Bank said.[66]
"The authorities are less cooperative since June," another activist said.[67]
"They paid more attention to our complaints before June [2007], but now they
tell us, 'Why don't you focus on Gaza.'"

In particular, Palestinian authorities in the West Bank have restricted local human rights groups from
monitoring places of detention. When mass arrests began in June 2007, a
coalition of groups wrote to the ministry of justice and various security
agencies to request access, but they received no reply.[68]

The exception is ICHR (formerly PICCR), which has a legal
mandate to monitor the human rights practices of the PA in Gaza
and the West Bank.[69] But
even ICHR has faced restrictions on its work. Spontaneous visits were not
allowed; they all required prior coordination with the authorities. Visit
requests were sometimes denied, and at times approved visits were cancelled
without explanation. Prior to visits, prisoners were sometimes moved,
apparently to hide them from inspection.[70]

The denial of access is not an abstract concern: in one case
a visit might have saved a life. As documented below in the case of Majid
al-Barghuti, ICHR twice requested permission to visit the Ramallah GIS facility
in which al-Barghuti was being held on the days when he was apparently being
tortured. The GIS failed to reply. According to ICHR, the authorities denied
its investigators access to the intelligence detention facilities in Ramallah
and Jericho
from December 2007 to March 2008.[71]

At the same time, victims have become more afraid to talk. "We
sense fear in families and among detainees to talk," Sahar Francis of Addameer
said. "Most request anonymity and some families don't report out of fear."[72]
A human rights activist in Hebron
agreed. "For every person who reports abuse or maltreatment there are two who
don't report because they are afraid or they don't see the use," he said.[73]

The concerns about underreporting due to fear extended into
2008, which may influence the reduced number of reported abuses so far this
year. On May 6, the Palestinian Centre for Human Rights documented two cases:
the arbitrary arrest and torture in Qalqilya by Preventive Security of an
unnamed victim and the search without warrant of the home of Kholoud Rashad
Riziq El-Masri, a Nablus
municipal council member, coupled with the arrest of her husband, Ammar Amin Riziq El-Masri. "Fieldworkers
are finding it difficult to convince victims of providing testimonies; or they
are asking for their identities to be withheld," PCHR said when presenting the
cases.[74]

The vast majority of abuses in the West
Bank documented in this report have gone unpunished. "In general,
there are no procedures against security force members who use torture or
abuse," Mu'een Barghouthi, a
Ramallah-based lawyer with ICHR said. He added: "In very few cases an abusive
person is transferred. That's all."[75]

In one case in Nablus
documented by ICHR, military intelligence conducted an investigation after a
complaint and determined that its forces had used torture against a detainee. A
commander issued a written apology to the victim and promised to discipline the
responsible persons, but ICHR did not know if this promise was fulfilled. According
to Barghouthi, in a few cases, abusive security force members confessed and
still avoided punishment.

On May 23, Human Rights Watch wrote to President Abbas's
office, requesting information on security force members who had been punished
for having committed a human rights abuse, such as using excessive force,
making an arrest without a warrant, using ill-treatment or torture against a
detainee, denying a detainee the right to a lawyer, or refusing to release a
detainee after a court order. As of July 10, Abbas's office had not replied.

In interviews, security force commanders told Human Rights
Watch that some force members have been punished. "If there are problems such
as torture, we hold people responsible. People have been fired," said Abed
al-Salam al-Souqi, head of military intelligence in Jenin. "It depends on the
seriousness of the offense. If it's serious, the punishment must be
proportionate."[76]
According to al-Souqi, 23 military intelligence officers have been imprisoned
over the past year because they "assaulted someone outside." None of those
cases involved torture or maltreatment during interrogation.[77]

Preventive Security chief al-Rih denied any systematic
wrongdoing by his forces and said all those who violate the law are punished.
He explained:

I believe a prison is not a resort. During interrogation a
person should be subjected to a degree of maltreatment. They are not here for
fun. But this is done in accordance with the law and under the direction of the
office of the civilian and military prosecutor. And we are only targeting
members who pose a threat – those with weapons. We have not targeted the party
leadership or charity organizations. We also have medical controls, including a
medical clinic. There is a daily check for every detainee.[78]

Al-Rih stressed that his forces did not use "any physical
force against detainees to extract confessions." He said "the maximum we can do
is restrain their movements," but he denied that his forces used shabah:

In case any officer commits a violation – torture or
maltreatment – we have special bodies to take disciplinary steps against that
person to ensure he does not do what he did again and to convey a message to
others that they are not free to act as they want, above the law.

According to al-Rih, "dozens" of Preventive Security
officers had been punished for using torture or excessive force, but he
declined to provide Human Rights Watch with a detailed list. He also said many
claims of abuse were the result of Hamas propaganda.

The head of military intelligence in Jenin, Abed al-Salam
al-Souqi, agreed with al-Rih's points. "There are some violations carried out
by individuals, but this is not supported by policy," he said. "Hamas is strong
in its propaganda."[79]

According to the Ministry of Interior's Democracy and Human
Rights Unit, most of the punishments of forces under its control are
administrative: denial of promotion, demotion, and, on occasion, imprisonment. Between
June and September 2007, the authorities arrested 188 individuals from
different security forces, the head of the unit told Human Rights Watch in
October 2007. However, this figure represents punishment for all abuses, such
as drug use, theft and dereliction of duty, and not only for the use of
excessive force, torture, or other human rights abuses. The ministry did not
provide Human Rights Watch with a breakdown of the offenses for which security
force members have been punished.

"There are no severe human rights violations against people
being arrested by our security organs," said Haitham Arar, head of the
Democracy and Human Rights Unit. "But there will be some cases. If anyone
complains we'll look at this.[80]

Below is a
selection of human rights abuses by West Bank
security forces documented by Human Rights Watch, in reverse chronological
order.

Torture and Death in Custody of Imam Majid
al-Barghuti

On February 14, 2008, members of the General Intelligence Service
arrested Hamas member Majid al-Barghuti, the 42-year-old father of eight and
the imam of a mosque in the village
of Kobar, outside
Ramallah. Eight days later, he was pronounced dead, apparently from injuries
sustained during torture.

The family retrieved al-Barghuti's body on February 24.
Photos taken of the body that day, viewed by Human Rights Watch, show deep and
extensive bruising on the legs, feet and back, consistent with marks caused
from beatings. Both wrists had lacerations, apparently from handcuffs.

In response to al-Barghuti's killing, the Palestinian
Legislative Council formed an ad hoc committee to investigate his death. The
committee released its report on April 3, concluding that al-Barghuti had been
tortured and the Palestinian Authority was responsible for his death. The
committee called on the PA to hold the responsible members of the GIS legally
accountable and to ensure that torture in Palestinian Authority custody comes
to an end.

President Abbas subsequently ordered an internal
investigation, called for the perpetrators to be punished and for the general
prosecutor's office to increase inspections of all detention facilities.[81]
However, despite repeated inquiries, Human Rights Watch is unaware of any GIS
member being held accountable for the death.

According to a witness, al-Barghuti was arrested in the
afternoon of February 14 from outside his mosque in Kobar. "Four persons got
out of a large vehicle and ran towards the imam, who was wearing an abaya," he said. "I thought they were
Israeli forces because they used to come that way. I saw no weapons."[82]
They pushed al-Barghuti into the vehicle and another four men got out of
another car with pistols, he said. The witness recognized one of the men as
being from the GIS because they knew each other in an Israeli prison. The
witness tried to use his personal contacts over the following days to learn
information about al-Barghuti's fate, but without success. The family likewise
tried to learn where their relative had gone, calling offices and personal
contacts in intelligence, to no avail.[83]

Eight days later, on February 22, the family learned that
al-Barghuti was being treated at al-KhaledHospital in Ramallah. The
brother went to the GIS headquarters in Ramallah but guards there refused to
provide any information. Later that day, the family learned that al-Barghuti
had died.

The head of the hospital, Jamal al-Tarifi, told the media
that al-Barghuti was dead upon arrival. He declined to say whether doctors
observed marks on the body or other signs of possible torture.[84]

West Bank officials told
the media that al-Barghuti had died of heart failure,[85]but
the family disputed that claim. "He wasn't sick, he suffered no health
problems," al-Barghuti's brother said.

Human Rights Watch interviewed two men who said they had
witnessed GIS members torturing al-Barghuti in custody. Both men had been in
custody at the GIS Ramallah headquarters at the time. They said they saw and
heard al-Barghuti being beaten and then denied medical care.

One of the men, who claimed GIS officers also beat him
extensively while he was hung from a hook on the wall, said he saw al-Barghuti
in custody and then heard the security forces threatening and beating him. "We
know you are with Hamas, where are the weapons?" he quoted them as saying. He
said he saw al-Barghuti at various times over several days handcuffed to a wall
with his hands behind his back. Human Rights Watch saw lacerations on both
wrists of the witness, which he said were from metal handcuffs digging into his
skin.

The other witness, interviewed separately, said he saw
al-Barghuti in a variety of stress positions. In one position, Al-Barghuti had
his hands tied behind his back and was hanging from the wall with his toes just
touching the ground. In another position, his arms were tied behind his back
and he was forced to stand with one leg in the air. The man said he also heard
sounds of al-Barghuti getting beaten with a plastic pipe. "He kept yelling 'God
help me!'," the man said.

After three days in detention, both men said, they heard
al-Barghuti telling the guards that he was vomiting blood. GIS officers took
him to the hospital for a few hours and then brought him back. "I saw him," one
of the witnesses said. "His feet and hands were black and blue. He was
shivering and his eyes were rolled back. He was being held up by two guys."

Following disclosure of al-Barghuti's death, President Abbas
called for the attorney general to conduct an investigation, but other
government statements at the time asserted that al-Barghuti had not been abused
in custody. On February 26, Minister of Information Riad al-Malki told the
media that the government will "take all the necessary measures after the
report of the [PLC] ad hoc committee," but he explicitly denied that
al-Barghuti's death resulted from torture.[86]
Other officials said that al-Barghuti suffered from a heart attack.[87]

In addition to torture, West Bank
security forces committed other violations of Palestinian and international law
in their handling of the case. Al-Barghuti, as well as the other two men in
custody at the same time, were not informed of the reasons for their arrest,
allowed to see a lawyer, or brought before an investigative judge. Al-Barghuti
also seems to have been denied prompt medical care.

The inability of human rights organizations to monitor
detention facilities may have contributed to al-Barghuti's death. On February
6, ICHR sent a fax to the head of the GIS's legal department, Fawwaz Abu Zir,
to request permission to visit GIS facilities across the West
Bank. The letter specifically requested to visit the Ramallah
facility on February 19, when al-Barghuti was being held there. On February 14,
after ICHR again inquired, the GIS said they had never received the fax. On
February 17, ICHR sent another request by hand but GIS never replied.[88]

According to al-Barghuti's brother Moufak, Israel
had arrested Majid on five previous occasions, for suspected Hamas ties. Since
June 2007, PA security officers had also summoned him twice for questioning.

On April 4, Human Rights Watch wrote to President Abbas and
other top West Bank officials to express concern about the Majid al-Barghuti
case, and to request that they implement the recommendations of the PLC ad hoc
committee, including the issuance of clear instructions to all security
services that they stop the use of torture in detention facilities and grant
better access to detention facilities for PLC bodies and Palestinian NGOs. Human
Rights Watch wrote to President Abbas's office again on May 23, 2008,
requesting information about the al-Barghuti investigation, but to date has
received no replies.

A.W. in Nablus

In October 2007,[89]
military intelligence officials summoned A.W., a student in Nablus,
to their office in the al-Makhfiyya neighborhood of Nablus. He went. At first the officials
treated him well, he said, but then they started to ask aggressively whether he
had filmed images of his neighbor's apartment which were shown on the Hamas
affiliated al-Aqsa Television. One week before, PA security forces had tried to
arrest the neighbor, who was not home at the time, and they damaged a lot of
his furniture. A.W. explained:

Then they started maltreating me. They took me to a very
small cell… and when my father came back to get me, they said I would be
staying. My hands were tied behind my back and they put a sack on my head. They
forced me to stand and they shouted if I sat. I stayed like that until iftar, and they didn't let me pray until
then.[90]
Then they brought some food. I was surprised they were treating me like a
criminal. They kept calling me a member of the Executive Force [tamfithiya]. They took me out for two
hours and then they put me back in the cell.

Investigators from Jneid prison came. One was very tough. He
made me take off my shoes. I was handcuffed to a chair. He raised my legs onto
a metal table. He asked a guard to bring something to teach me how to be
polite. He brought a soldiers belt and he started to beat me on the bottom of
my feet. He saw it was not painful so he started hitting the top of my feet. The
one hitting me told the guard that he's not feeling the belt and we don't want
him going out and saying we don't know how to interrogate people. The guard
went out and got a stick. He started using it on the bottom of my feet…

During the interrogation they were asking about my
affiliation to Hamas and student organizations. They wanted me to give the
names of some people in Hamas. They asked about the newspaper Al-Haqinah, a Hamas paper. They said I
work for it. They asked me who in Hamas had weapons. They asked my opinion
about what's happening in Gaza
and if I was with or against Hamas. They asked about funding sources of the
Islamic Bloc at the university.[91]

A.W. stayed in the custody of military intelligence for
three days, and was then transferred to Jneid prison in Nablus, run by Preventive Security. When he
got there, he said, he heard the screams of other detainees. About 80 other
prisoners were in Jneid at the time, he estimated based on brief conversations
with other detainees, most of them Hamas members from Nablus. A.W. spent 13 days there, with
occasional beatings. He was held in solitary confinement in a cell about two
meters by two meters. The cell had a strong light, he said, that never went
out, and one small window.

"When I was there I saw the beating and torture of others
and I felt I was not maltreated," he said. In particular, he recalled seeing a
detainee named Omar Darawsheh:

He was there 68 days, and he's still there [as of October 22, 2007]. Once we
thought he had died from the beating. They put a sack over his head and made
him squat up and down. He said he had asthma but when he stopped [squatting]
they beat him. We thought he died. He passed out for two hours and they lay him
on a bed.

One day before Eid, the feast day marking the end of
Ramadan, A.W. said, the guards told all of the prisoners to clean themselves
and their cells. The next day Jneid received a delegation from the
International Committee of the Red Cross (ICRC). The prisoners were instructed
not to tell the ICRC anything about their conditions, A.W. said.

A.W. was released in mid-October 2007, having lost eight
kilograms.

B.D. in Nablus

On one evening in September 2007, around 7:30, a group of
masked men who said they were from Preventive Security came to the home of
B.D., a 29-year-old father of three in Nablus. He told Human Rights Watch that
they took him to their headquarters in the Ta'awun neighborhood where they
interrogated him about his involvement with Hamas. "They asked if I was Hamas?
What is my status in Hamas? They said, 'We know you're a member of the
Executive Force.' I said it's not true."

B.D. said he was blindfolded and forced to stay in various
stress position:

The shabah took
various forms. I had to raise my hands with a leg over a chair and if I put my
hands down they beat me. The made me crouch 500 times, which is called qurfusa. And I had to spread my legs
apart and hold my arms out.[92]

B.D. was given food and allowed to pray, and the next day he
was taken to Jneid prison, where they asked the same questions about his
relations to Hamas. "They used sticks and plastic pipes on my body, and
sometimes they kicked me on my back," he said. "It was two to three people at a time. My hands were
cuffed behind me and tied to a door knob, while one guy pushed my head down. I
was also hung from some pipes on the ceiling."

The interrogations and abuse continued for 18 days, he said,
followed by nine days without abuse. B.D. felt strong pain in his legs and
asked for a doctor. A doctor came and said he should go to a hospital.
Preventive Security officials refused, B.D. said, because he had too many signs
of beatings on his body. "They said we can't take you until these signs go
away," he said.

After 27 days in detention, B.D. said, he was granted a
"temporary release." The head of Preventive Security in Nablus, Akram Rjoub,
came to him and made him sign two statements that he would not talk to the
media or to any human rights group, he said, and that he would not be a member of
any "enemy force" [tanthim mu'aadi]. He
was released in mid-October. At no point during the man's detention did he see
a lawyer or an investigative judge.

According to B.D., his uncle is a member of Hamas. Preventive
Security summoned his uncle for questioning in mid-October, and the family had
not seen him since.

Teachers in Jenin

On the morning of September 17, 2007, five teachers were
driving to work in a village outside Nablus
when they were stopped by armed members of a security force who did not
identify themselves. The unknown forces arrested all five teachers without a
warrant and took them to Jneid prison in Nablus,
run by Preventive Security, where they were apparently interrogated and beaten
for about eight days, before being transferred to the military intelligence
detention facility in Jenin. Human Rights Watch spoke separately and in private
at the facility with two of the men after they had spent 29 days in Jenin, as
well as with the brother of one of the detainees, who was visiting his brother.
The brother, who said he witnessed the arrest, said about seven armed men in
civilian clothes, some of them masked, stopped the teachers' car as it
approached the village
of Talluza.[93]
One of the arrested teachers explained what happened in Jneid when they
arrived:

They used a stick and a belt. It started from the first
moment I entered Jneid. I was handcuffed during the beating to prevent me from
defending myself. They made me bend over with my hands behind my back. They
took a rope over a pipe and they hung me from my arms, which were cuffed behind
my back, until it was very painful. This was all while we were fasting during
Ramadan. They poured cold water on us too. Twice they beat me on the bottom of
my feet for about two hours and they asked me to jump while I was cuffed and
hooded.[94]

The interrogations continued for eight days, the teacher
said, with questions about his relations to the Executive Force. The beatings
took place about once a day and sometimes at night. "You were arrested because
we don't want to have a Gaza
here," the teacher said one of the interrogators told him.

After eight days, the teacher was transferred to the
military intelligence detention facility in Jenin. He said the treatment at the
facility was good, no beatings, although he had still not been brought before a
judge. He saw a lawyer, he said, after about 20 days.

The teacher was hopeful that he would soon be released
because he had signed a document stating that he would not take part in any
banned organizations and would cooperate with the Palestinian Authority.

He had spent a few months in an Israeli prison earlier in
the year, he said, because they accused him of membership in Hamas. "I'm very
worried about getting arrested again by the Israelis," he said. "I expect it
because many people have had this experience."

The second teacher interviewed by Human Rights Watch told a
similar story about his arrest and treatment in Jneid. "I was beaten with a
stick and slapped while in stress positions. They punched me in the face," he
said. "They asked about my military affiliation and my relationship to the
Executive Force and where I kept my weapons. I was hung by a rope."[95]
He continued:

On the eighth day they forced me to strip from about five
until the next day. I was only with [wearing] my briefs in a stress position
and then [they] beat me severely with a hose for about two hours. You could see
the marks. They left me like that from 5
p.m. until dawn. They also poured cold water on me while beating
me.

The teacher, who also expected to be released soon, said he
had spent two periods in Israeli prisons: for 35 days in 1996 and for 14 months
starting in 1997. Both times he was accused of membership in Hamas.

Ashraf Othman Muhammad Bader in Hebron

On September 17, 2007, according to Ashraf Bader,
Israeli authorities released him from prison after five-and-a-half years for
affiliation with Hamas. Two months later he was detained by Preventive Security
in Hebron and
held for eight days, during which time he said he was beaten and ordered to
confess his connections with Hamas.

According to Bader, Preventive Security summoned him to
their office in Hebron
on November 20. He met a person who identified himself as Abd al-Azim
al-Atrash, who asked questions about Bader's work and family, and then about
his political activities: was he active in Hamas, did he give them money? After
some time, other men joined the interrogation and started to beat him:

They started to hit me all over my body. They were shouting
and swearing at me. They said I belong to Iran,
to Hamas, to the Executive Force in Gaza,
and they would do what's necessary for a person like me.

They were punching and kicking me and they hit me with a
chair. Then they took me to the bathroom. A man identified himself as Jihad Abu
Omar, head of Preventive Security for Hebron
city. He told me to take off my clothes and my socks and shoes. It was November
and very cold. He asked for a man to come and beat me. Four to five men came
with masks and they started to hit me all over. They put my leg on a chair and
hit me with a belt and sticks on my legs and the bottom of my feet. I don't
know for how long. When they finished I couldn't stand.[96]

After the beating, Bader said, the officers carried him to
an interrogation room, where they ordered him to confess. Then they took him to
a small cell, about three meters square, which had a small window and was very
cold. They tied his hands behind his back and put a bag over his head for some
time. He stayed there for four days, he said, without the bag on his head but
his hands were constantly tied, sometimes in front and sometimes in back. They
untied him to eat and pray.

On the fourth day, according to Bader, he met a man from the
legal department of Preventive Security. Bader related that he had been beaten
and the man said he would file a report. After that, Bader was allowed to rest
for some hours on a mattress in another cell. But he was then brought back to
the cold cell, where officers told him that he had to confess or the interrogation
would continue. He spent three more days in that cell, with a mattress brought
in for the sixth and seventh days.

On the seventh day, there was a sudden change, and the
officers said the arrest and the beatings had been a mistake, and Bader was free
to go. They allowed him to leave. "I never saw a lawyer or a court," Bader
said.

On December 17, 2007, ICHR (then PICCR) sent a letter to
Preventive Security in Hebron
about Bader's case. Preventive Security wrote a reply, signed by Jabril Bakri,
then the deputy and currently head of the force, viewed by Human Rights Watch. It
said:

When we invited Ashraf he attacked the person who met him
and this is the only reason we detained him. When in interrogation, he refused
to speak about anything or answer questions or even to respond to our
greetings. Thus, he refused to cooperate with the interrogation completely. So
this is the reason we had to apply the legal procedures.

As for the treatment inside the interrogation system, he
was not subject to any kind of violence or torture. This is based on the daily
examination and daily medical reports done every morning.

As this complaint of torture is not based on any medical
report or testimony, this claim is denied.[97]

The letter concluded that Preventive Security had the right
to sue Bader for lying to ICHR.

About one month after his release from Preventive Security
detention, Bader was detained by Israeli forces. They came to his home around 1:30 a.m., he said, and ordered him
to meet with an official from the Israeli Security Agency, Shabak. At the
meeting, the Israeli official started by saying: "How are you? We heard you
were in a PA prison." The Israeli wanted to know what Preventive Security had
asked him and "What was better, Israeli or Palestinian jails?" After a short
time, they let Bader go with a warning to "respect the law and behave."

N.T. in Ramallah

In early September 2007, N.T. was walking from his store in
the Ramallah industrial zone at around 2 p.m. when he noticed he was being
followed by a car.[98]
Two men in civilian clothes got out, he said, and told him they were from
Preventive Security. They showed no identification, but they handed him a
summons and said he had to report immediately to Preventive Security.

N.T. took a taxi to the Ramallah headquarters, where he was
photographed and left to stand in the corridor until about 4 p.m. Finally
someone came and, without introducing himself, began to ask questions about the
man's family and friends. "He asked if I knew why I was there," N.T. recalled. "I
said no, and he said, 'Because you're Hamas.'" N.T. said he was not a member of
Hamas but that he did spend two periods of preventive detention in Israeli
jails-three months in 2002 and one year in 2005-on suspicion of being a member
of Hamas.

The interrogation continued on and off throughout the
afternoon without violence but with some threats, he said. After a few hours,
the interrogators forced him to stand in the hall for two hours with his hands
in the air and one leg raised. After a break, during which time he refused to
confess to being a member of Hamas, he spent another hour in the hall holding
the stress position, although he was allowed to pray. After that, the
interrogators sent him home, with orders to return the following morning at 9.

N.T. returned the next morning and waited until 4 p.m. Then
the two men who had stopped him the previous day arrived. N.T. explained what
happened over the next 15 to 20 minutes:

They threatened me and started to beat me. One of them was
sitting in front of me and the other was behind the table. The one in front
slapped my face and punched me in the stomach. A third guy came in, not in
uniform, and he had a stick. It was wooden and he was hitting me on the back….
After the stick broke, he kicked me on the side. I started bleeding from my
nose. They asked me to go wash. I went out and when I came back they said "you
did this to yourself, why did you do it?"

The beating continued in the corridor for another 15
minutes, with the interrogators demanding that the man admit he was Hamas. "I
fell but they told me to stand," N.T. said. "I tried to defend myself but they
ordered my hands down. The stick broke so he took the two pieces and started
again."

Around noon, N.T. saw someone in the station whom he knew. The
man, whom N.T. did not want to identify, said he would try to solve the
problem, and soon he was able to get N.T. out. He spent one night at the
hospital and then went home.

"I did not want to make it a big deal," N.T. said, when
asked if he had tried to press charges or file a complaint. "I didn't want them
to come and arrest me again."

M.S. in Nablus

On August 16, 2007, a single 26-year-old man, M.S., was
working at his juice shop in Nablus
when three armed men in civilian clothes arrived and told him to come with
them. According to M.S., they said they were from Preventive Security. They
took M.S. in a car to Preventive Security headquarters in the al-Ta'awun
neighborhood. There he spent the next 12 days in custody, and another 24 days
at Preventive Security headquarters in Ramallah. M.S. explained what happened
on the day of his arrest:

As soon as we arrived they put a sack on my head and left
me standing against a wall with my hands raised for about four to five hours. An
interrogator took me to a room on the second floor and he removed the sack and
started cursing and yelling at me: "Where's your gun, you were shooting at
Fatah members at the field near the municipality." I said I was on the Hajj
[pilgrimage to Mecca]
at that time. He said: "You're insulting me." He slapped me and made me sit on
a stool with my back on the ground [and my feet up]. Also with one leg on a
chair and my hands in the air. This lasted for about two hours. He twisted my
arm on the chair. He then took me out of the room with the sack on my head and
my arms raised and he asked me to stand in the corner until about 9 p.m. Then
they took me into a room and started beating me. There were two men in the
room, the one who took me there and another. They beat me and put me in the
stress positions. All the time they asked where my weapons were and what is my
relationship to the Executive Force in Gaza.
This went on for six days.[99]

According to M.S., on the sixth day Preventive Security took
him to court. The judge said he could have a lawyer but the security officer
present refused. The judge extended his detention for another 24 hours, but he
ended up staying in detention for another 30 days.

On the ninth day, Preventive Security took the man back to
court. One hour before the hearing, the judge let him call a lawyer, the man
said, but a security officer again refused. By coincidence, a lawyer was
present at the court, and she agreed to take his case. The court session was
postponed but the lawyer was able to visit M.S. on August 25.

On August 28, M.S. said, Preventive Security transferred him
to its headquarters in Ramallah. There he was checked by a doctor and then
handcuffed with a sack on his head until the next day. Over the next week he
experienced sporadic beatings and periods when he was forced to hold stress
positions, he said. No lawyer or family visits were allowed, although he was
seen by the International Committee of the Red Cross. For 12 days, he said, he
was held in solitary confinement, in a room with a mattress and small window.

M.S. denied being a member of Hamas. He said his neighbor
had been in Hamas and, once while he was hiding from the Israelis in 2004, he
took the neighbor's son to see his father. He was arrested shortly thereafter
and spent one year in an Israeli prison, he said, which may explain why
Preventive Security considered him suspicious. "Six men were released with me
[during this last arrest by Preventive Security] and four of them are now in an
Israeli jail," the man said. "I'm waiting for my turn."

Ahmed Ismail Doleh

For three months in 2007, 44-year-old Hamas member Ahmed
Doleh was Deputy Assistant Minister of Interior under the unity government,
responsible for public and political affairs. Preventive Security forces
arrested him on July 2 and held him for five months, mostly in solitary
confinement, before releasing him on bail. Israeli forces arrested him 14 days
later.

"My case is political rather than criminal," he said when
Human Rights Watch visited him at the Bituniya detention facility near Ramallah
run by Preventive Security. "Because of Gaza
they are doing this."[100]
Preventive Security chief al-Rih said Doleh was arrested for criminal rather
than political reasons. According to Doleh's lawyer, he was charged with
organizing an armed group.[101]

According to Doleh, Preventive Security first held him in
solitary confinement in Nablus's
Jneid prison for 50 days without access to a lawyer, in violation of
Palestinian law. On August 26, they transferred him to Bituniya.

In Bituniya, Doleh was similarly held in solitary
confinement. Human Rights Watch inspected his cell, which was slightly larger
than the mattress that lay on the ground. It had no window, and Doleh said he
was never allowed outside; he was escorted to the toilet next to his cell when
required. The light was on constantly, he said. He was provided no newspapers,
radio or books, except the Quran.

After about one month in Bituniya, Doleh said, he was forced
to endure shabah on and off for about
one week. He was tied by his wrists to a hook above his head and his feet on
the ground for hours at a time, he said, with breaks only to eat and pray. During
this time the interrogators told him: "If you have something to say then let us
know." They told him that he would be released if he talked to them about
Hamas. One month later, Human Rights Watch observed light marks on both wrists,
apparently from handcuffs.

The International Committee of the Red Cross visited
Bituniya every 15 days, Doleh said.He also got regular check-ups from a doctor
and he said his health was good. During his detention, his family was allowed
to visit once during Eid.

Doleh was released from Bituniya on December 2, 2007, after
various judges had extended his detention five times. According to his lawyer,
he appeared in court for the first time on August 30, which was 28 days beyond
the limit stipulated by law.[102]
The judge extended his detention for 10 days. On September 9 and 23 he appeared
in the same court, and had his detention extended for 15 days both times. On
October 7 he was taken to the Court of First Instance, where a judge extended
his detention for five days. He appeared before the same court on October 11,
and got another 45 days extension. The lawyer was not allowed to visit Bituniya
and only saw his client in court. To his lawyer's knowledge, Doleh was released
on bail without signing any confession or declaration. Israeli forces arrested
him on December 16, 2007, apparently for membership in Hamas.

S.Z. in Bethlehem

On June 30, 2007, Preventive Security forces in Bethlehem arrested S.Z., a
30-year-old man with two sons. He spent the next 47 days in detention, during
which time he said he was subjected to shabah
for extended periods.

S.Z. told Human Rights Watch that he was walking home with
his mother and two sons in the evening when two jeeps stopped and armed men
forced him into one of the vehicles at gunpoint. At the Preventive Security
headquarters in town officers put a sack over his head and handcuffs on his
hands for two days. He refused to answer their questions about Hamas-"Where are
your weapons?" "What is your connection to Gaza?" "Who is organizing the Executive Force
in the West Bank?"-and was forced to stay in a
corridor for three more days in a painful position with his hands tied to an iron
bar, although he was untied to eat and pray. At this point his started to feel sharp pain
in his right shoulder. He was kept in various tied positions for six days, he
said, as they accused him of being a member of the Executive Force.

During this time, the man had no visits from his lawyer, and
the family came only once after 25 days. Towards the end of July he was taken
to the Bethlehem
magistrates court, where he met a lawyer hired by his family. In court he
complained of being tortured. The judge ordered an investigation into the
allegation, although it is not clear if an investigation ever took place, and
extended his detention for another ten days.

A few days later, S.Z. was transferred to Bituniya near
Ramallah, where he stayed for about ten days. During this time, he said, he was
regularly in shabah:

In Bituniya my hands were tied behind my back the entire
time, except when eating. I was chained with my hands behind my back in the
corridor, and I ate only in my cell. Others were chained like me outside the
cells…. If you don't want to talk your body will talk, they said.[103]

S.Z. described the different shabah positions he and the other prisoners endured:

S.Z. also drew a diagram of the Bituniya detention facility,
which matched what Human Rights Watch had observed at the prison during the
October 24 visit to see Ahmed Doleh (see above).

Preventive Security released S.Z. on August 15. At the time
of Human Rights Watch's interview with him, two months later, he complained
that he still suffered pain in his right shoulder.

The man said he had twice been in Palestinian jails-in 1996
for one month and in 1998 for four months. He had spent time in Israeli jails
twice too, he said-four years beginning in 1999 and two-and-a-half years
beginning in 2003. S.Z.'s father was a Fatah member, he said, but his six
brothers are all Hamas, and two of them were in Israeli prison as of October
2007. His father was killed in clashes with Israeli forces in 2001.

IV. Gaza: Abuses against Fatah

Hamas's takeover of the Gaza Strip in June 2007 was violent
and swift. In eight days Hamas forces seized control of all security facilities
and main government offices throughout the territory. One hundred and sixty-one
Palestinians died in the fighting, including 41 civilians, and at least 700
were wounded, according to the Palestinian Centre for Human Rights.[104]
Both Fatah and Hamas forces committed serious violations of international
humanitarian and human rights law, including summary executions and torture. Human
Rights Watch is unaware of any investigations or prosecutions in Gaza against Hamas members
who committed crimes.

When the fighting ended, Hamas faced the monumental task of
governing Gaza-a
task for which it was ill-prepared, despite one year in the government. Traditionally
focused on social programs and fighting the Israeli occupation, Hamas had to
govern 1.4 million people after devastating internal clashes, ongoing military
pressure from Israel and
intensified economic pressure from Israel,
the US,
the EU and other donors.

The first matter of business was to consolidate control, and
Hamas went about it with scant regard for the law. Hamas's armed wing, the
'Izz-al-Din al-Qassam Brigades, commanded by Ahmad Jabari, and its internal
police, the Executive Force, commanded by Jamal al-Jarrah (aka Abu Obaidah),
arrested hundreds of Fatah leaders, activists and supporters, especially those
suspected of using or possessing weapons, and held many of them in unauthorized
detention facilities. Torture and beatings were common, and one man is known to
have died in custody during this time.[105] Hamas
forces blocked demonstrations or public meetings by Fatah, and used violence to
break up gatherings that did take place. They closed media outlets run by or
sympathetic to Fatah.[106]

The next step was to reorganize the security forces. After
the Hamas takeover, President Abbas ordered all members of the official
security forces in Gaza
to stop reporting for work if they wanted to get paid. Eager to receive their
salaries, many security force members left their respective forces.

In September, Hamas created the Internal Security Force
(ISF) (al-Amnu al-Dakhily), modeled
on the Fatah-dominated Preventive Security, to combat politically motivated
crimes, and staffed it largely with members of the Qassam Brigades. In October,
it integrated the Executive Force into the civil police, which deals mostly
with common crime. Hamas also assumed full control in Gaza
of the National Security Force, a PA-wide force, responsible for security along
Gaza's borders,
which Hamas refers to as its army.[107] Some
officials who defied Abbas's order not to work were reappointed, including in
some cases to command positions. Most prominently, former Fatah security chief
Tawfiq Jabber was named commander of the 12,000-member civil police. He
reported to Prime Minister Ismail Haniya, who also held the interior portfolio
until April 28, 2008, when the influential Hamas official Said Siyam assumed
that post.[108]
Even during Haniya's tenure as interior minister, Siyam was widely considered
the man in charge of the security forces.

Siyam has claimed that the new security forces are
depoliticized, and that the al-Qassam Brigades plays no role in Gaza's internal security. "The
Qassam are the military arm of Hamas for resistance against the occupation," he
said. "They have no internal role. Any member interfering in internal security
will be treated as a violator of the law."[109] Journalists
and human rights activists in Gaza,
however, dispute that claim, saying that Hamas has appointed security force
members and commanders whose primary loyalty is to the movement.[110]

The Haniya government gave some signs of wanting to respect
rights. On September 19,
2007, it issued Order 128/2007,
which directed the security forces to respect human rights. In particular, the
order instructed all members of the security forces to:

Respect
"political and media freedoms;"

Respect
"political diversity" and the right to hold demonstrations according to
the law;

Respect
the ban on torture and violence against detainees;

Prohibit
political detentions

Prohibit
arrests without a judicial order

Detain
individuals only in official detention facilities

Inform
all arrested and detained people of the reasons for their arrest or
detention, and grant them access to a lawyer

Allow
human rights organizations to visit detainees according to the law.

The order emphasized that any person who disobeyed these
instructions "will be accountable before the law."[111]

Over the second half of 2007, Hamas established a degree of
order and control. Common crimes and armed clashes decreased as security forces
cracked down on criminal groups and Gaza's
well-armed clans, including the powerful Dughmush family.[112] The
Executive Force banned the public display of weapons, unofficial roadblocks and
celebratory gunfire at weddings.[113]

But there was no imposition of order with regard to the rule
of law and human rights. First, until it was absorbed into the police in
October, the Executive Force, as an armed group, had no legal authority to make
arrests or hold people in detention, although it was doing so. Second, after
October the Executive Force-infused police regularly violated the law:
warrantless arrests, beatings and torture of detainees, and abuses of due
process were common.

Over the past year, Hamas authorities have maintained
pressure on the media, closing several radio stations and banning pro-Fatah
newspapers. On August 25, 2007, Executive Force members attacked journalists
covering a Fatah demonstration.[114]
On September 7, 2007, the Executive Force beat Fatah supporters as they tried to
hold a public prayer meeting, again assaulting at least seven journalists and
detaining five others covering the event.[115] On
December 14, 2007,
members of the ISF arrested Omar al-Ghul from al-Hayat al-Jadida, a newspaper considered pro-Fatah. On January 15, 2008, they
detained the paper's Gaza
bureau chief, Munir Abu Rizq, for about 20 days.[116] That
same month, authorities blocked the Gaza
distribution of three newspapers published in the West
Bank: Al-Quds, Al-Ayyam, and Al-Hayat.[117]
A ban on the pro-Fatah Palestinian TV remained in effect.[118]

Hamas also imposed restrictions on freedom of assembly,
including public prayers by Fatah supporters. On August 13, 2007, the Executive
Force issued an order that banned any demonstration without permission from the
Executive Force.[119]
In the second half of 2007, the Palestinian Centre for Human Rights documented
"several cases in which the Executive Force dispersed peaceful assemblies by
force."[120]

In its letter to Human Rights Watch, the Hamas government
said that it fully respected the right to free assembly, as guaranteed in the
Palestinian Basic Law and the Law on Public Assemblies, the latter of which
states that the organizer of any meeting or demonstration must request
permission from the authorities 48 hours in advance.[121]

But even when permission for demonstrations was granted, the
police and other Hamas forces sometimes used excessive force to disperse
crowds. In the most deadly incident, documented below, on November 12, 2007,
security forces fired into a large pro-Fatah demonstration, killing seven and
wounding 90 (see case below). Thirty-eight policemen were eventually held
responsible for those deaths, but it remains unclear whether the punishments
they received-ranging from dismissal to imprisonment-were commensurate with the
crimes.

Hamas did not deny that abuses took place in the first
months of its rule. Interior Ministry spokesman Ihab al-Ghusain told Human
Rights Watch:

There were many mistakes by the Executive Force after June
because they were not meant to be more than an auxiliary force. There were some
attacks on journalists and illegal detentions… We are very annoyed and
discontent with these problems. The higher levels of the administration
including the prime minister were very upset. We've dealt with many cases and
now we can notice that the mistakes have decreased or stopped. If they
continue, then the responsible party will be brought to account.[122]

Al-Ghusain did deny, however, that any of the arrests had a
political taint. "They accuse us but I can confirm again that there are no
political detainees," he said.[123]

The disintegration of the criminal justice system since the
Hamas takeover has contributed to the breakdown in respect for the rule of law
and continued impunity. After the Hamas takeover, the attorney general stopped
investigating and prosecuting criminal cases in Gaza. On July 2, the chief justice of the
Supreme Court and head of the Higher Judicial Council, both based in the West
Bank, instructed the heads of the courts of first instance and arbitration in Gaza to "suspend all
decisions requiring police assistance for their implementations, in order to
protect the independence and dignity of the judiciary."[124]

Hamas moved quickly to fill the void. On August 14, the
Hamas Minister of Justice Yousef al-Mansi suspended the Attorney General Ahmad
al-Maghani, claiming that his appointment papers were incomplete. Two days
later, Hamas security forces raided the attorney general's office and briefly
detained him and his assistants. On August 29, the minister of justice
appointed a new deputy attorney general, Ismail Jabber, who served as acting
attorney general.

On September 4, in violation of Palestinian law, the Hamas
authorities formed a new Higher Justice Council to replace the Ramallah-based
Higher Judicial Council, with a mandate to run Gaza's justice system.[125]
They approved the council's members one week later, with Abdel Raouf al-Halabi
appointed the body's head. "The Higher Judicial Council did not serve all
Palestinians," al-Halabi told Human Rights Watch to explain the formation of
the new council. "Instead, it became biased towards one party against the
other."[126]

Al-Halabi implicitly accepted that the procedure for
appointing the council was not legal, but he suggested that the authorities had
no choice. "Normally the council is appointed by the president of the
Palestinian Authority, but because of the circumstances and out of necessity
and because it is illegal that the structures are not working-hospitals must
work, the education system and the courts-Haniya used his authority and formed
the Higher Justice Council."

Judicial paralysis followed, as judges and prosecutors
refused to follow the orders of a Higher Justice Council they did not
recognize. On November 26,
2007, al-Halabi and some colleagues, accompanied by police,
physically occupied the civilian court compound in GazaCity,
informing judges and court staff to follow al-Halabi's instructions. In
protest, Gaza's
judges went on strike. Al-Halabi gave them one week to return, and he suspended
them from work when they refused. Forty-eight judges left their jobs, as did
541 court employees, al-Halabi said.

The Higher Justice Council quickly appointed replacements,
including al-Halabi as chief justice of the Supreme Court. As of mid-April
2008, it had appointed 24 new judges across Gaza, as well as 115 court employees.[127]
They had all passed the requisite exams and were appointed "according to the
law," al-Halabi said.

Lawyers in Gaza
dispute that claim, stressing that, the legality of the new High Justice
Council aside, judges must also be appointed by presidential decree. Without
this check, some of the new judges, they say, are pro-Hamas, and most of them
have never worked before as judges. Al-Halabi accepted this latter fact, saying
that only one of the new judges has experience as a judge, but he otherwise
defended the new appointments. "We were committed to fill the gaps," he said. "If
we suppose the formation [of the High Justice Council] was illegal, what is the
solution? Should we leave criminals free to attack citizens?" Gaza-based human
rights groups see it differently, saying Hamas has intruded on the judiciary
and politicized the courts. "Human rights organizations call upon the dismissed
government to immediately rescind the illegal decision to take over the
civilian judicial system in the Gaza Strip," four of Gaza's leading human rights groups said in a
joint December statement. "These organizations hold this government fully
responsible for undermining and destroying the Judicial Authority in order to
establish illegal judicial bodies that are not independent."[128]

At the same time, some lawyers and human rights activists in
Gaza say that a
semblance of normalcy has returned to the justice system in recent months,
especially compared to the chaotic period after June 2007. Arrest warrants are
issued more regularly and detainees are increasingly brought before prosecutors
and judges within the required time. Reports of torture are down.

According to al-Halabi, as of April 13, the newly staffed
courts had completed 205 civil cases and 383 criminal cases. This is out of
3,590 civil cases and 3,077 criminal cases in the system, he said.

But human rights abuses have hardly disappeared, and human
rights groups still report disturbing cases of abuse, including a death in
detention in late June.[129]
A human rights lawyer from ICHR explained:

From June to September 2007, the performance of the police
was very bad with regard to respect for the legal procedures. There were
arrests without a judge's order and lengthy detention periods. But citizens
were glad when a thief was arrested. After September we saw a clear improvement
in the behavior of the police. Slowly they put regulations in place. They have
created a general prosecutor and judicial structures. With the internal
security organization, however, which is in charge of political security, we
still document failures to respect the regulations. We see arbitrary
detentions, torture, political detainees and restrictions on freedom of movement
and expression.[130]

According to Fatah, its members are under siege, and they
must stop their political activity or risk arrest.[131] In
June 2008, reflecting on one year of Hamas control, a Fatah supporter named
Muhammed Huasanain told the BBC:

The last year, since Hamas took over, has been a very
difficult time for me and my family. Hamas accused my brother of injuring some
of their men in a shootout. They surrounded the house, but he escaped and
managed to get out to the West Bank. Me, my
parents, his wife, and his children haven't seen him since.

He can come back, but there are no guarantees that he will
be safe here.

Fatah people have got no voice and no power here in Gaza under Hamas control.
They stop us having rallies-and use electric batons to hit us if we do.

Even on personal issues, if you go to any ministry which is
controlled by Hamas, they want to make things difficult for Fatah supporters.[132]

Human Rights Watch asked the Palestinian authorities in the
West Bank for information on Fatah members who had been arrested or gone
missing in Gaza
since June 2007, but as of July 10 the authorities had not replied. According
to one media report, as of late June 2008, 46 Fatah members were detained in Gaza, but this number is
unconfirmed.[133]

As in the West Bank, lawyers in Gaza have complained of restrictions on
visiting clients in detention. In April, PCHR publicly expressed concern that
the restrictions were "motivated by the perpetration of illegal actions such as
torture and other forms of cruel and inhumane treatment against prisoners."[134]
PCHR said its lawyers had not been able to visit any of their clients for more
than two months (February 20 to April 20), and that the organization had
documented at least 30 cases in which lawyers were forbidden from visiting
their clients despite prior coordination with the authorities.

In its response to Human Rights Watch questions, Hamas
authorities denied any restrictions on access for lawyers. "The government
provides all possible facilities for lawyers to communicate with their clients
and to preserve their legal and constitutional rights," the letter said.[135]

The interior ministry in Gaza allowed Human Rights Watch to visit Gaza
Central Prison on October 12, 2007. According to the prison spokesman, the
prison held 230 prisoners at the time.[136] Most
of those inmates were serving time for theft, drugs, or violent crimes, he
said. A few were so-called "security criminals," who had been convicted of
crimes related to their supposed collaboration with Israeli security forces.

Human Rights Watch inspected the prison facilities without
restriction and was allowed to interview 11 prisoners, six men and five women,
in one-on-one settings. The prisoners all said that conditions at the prison
were adequate. None of them complained of abuse. Their main complaint was a
lack of due process. Three of them-all arrested for alleged collaboration with Israel-had
started their trials prior to June 2007, but those trials had failed to resume.
The other prisoners arrested after June had faced no criminal proceedings at
all. None of the prisoners with whom Human Rights Watch spoke had information
about the status of their case.

On October 12, the interior ministry also granted Human
Rights Watch permission to visit al-Mashtal, a facility run by the Internal
Security Force, but guards at the facility refused entry. The ministry
apologized for the confusion, and offered to coordinate another visit, but a
lack of time prevented this from taking place. Human Rights Watch did, however,
speak with the legal affairs director of the Internal Security Force, Abdalla
Abu Luli, who said that al-Mashtal was holding 43 prisoners at that time,
October 12, out of a 300-person capacity. He denied any political bias in the
ISF's work. "We have no political detention here," he said. "Our work is
limited to crimes involving the general security of the Gaza Strip, regardless
of who committed the crime."[137]

According to Abu Luli, the ISF started work on September 1,
2007, and in that first week interrogators received an internal note not to use
physical force during interrogations. In the second week of September, an
interrogator was fired for violating the instruction, he said, without
providing details.

The ICHR is the only human rights group with regular access
to al-Mashtal, police stations, and other places of detention, although human
rights groups such as al-Mezan, PCHR and Addameer have had access on an ad hoc
basis. Hamas authorities have generally allowed these groups to work
unhindered, although ICHR came under attack in the pro-Hamas media after its
March 2008 monthly report, which was critical of the interior ministry and
justice system.[138]

A constant problem for human rights groups in Gaza is victims'
unwillingness to report abuse. "Some people were told by the Executive Force
that if they spoke to human rights groups or the media, or even if they went to
the hospital, then they would be taken again," one Gaza human rights activist said in October. "About
90 percent of our cases were warned not to speak."[139] Another
Gaza activist
agreed. "Some people are too afraid to speak," he said. "Even those who gave us
their testimony have then called to say, 'Don't use it.'"[140]

As in the West Bank,
impunity is disturbingly common. Human rights lawyers and activists told Human
Rights Watch that very few security force members or commanders have been held
accountable for their illegal acts, and punishments meted out frequently failed
to match the severity of the crime.

Interior Ministry spokesman al-Ghusain acknowledged that
mistakes had been made but said that the authorities punished persons
responsible for abuse. Disciplinary action against abusive forces included
temporary detention, demotion, salary reduction and dismissal, he said. According
to al-Ghusain, three senior police officials had been dismissed for using
excessive force between June and October 2007, including one in Rafah who
chased a group of Fatah members who had thrown a grenade into a hospital, where
he beat up some civilians. Al-Ghusain provided no dates or names.

In response to a Human Rights Watch request for information
on accountability for police and ISF forces, Ismail Haniya's office said the
Hamas government strived to discipline forces who violate the law. Regarding
the police, the government had punished 35 officers for "violating human
rights"[141]
and 774 officers for violating the principles outlined in Order 128/2007 (see above).[142]
The difference between these two characterizations remains unclear. Human
Rights Watch was unable to confirm the Hamas authorities' claim.

Regarding the ISF,
the government claimed to have disciplined nine members of the force by
suspension from work, a salary freeze or an official rebuke.

Death of Sami 'Atiya Khattab

In the evening of April 13, 2008, two armed men came to the
shop of Sami 'Atiya Khattab, a 36 year-old father of five, and took him away. About
36 hours later police called the family to say Khattab had been found dead. Khattab
was a former captain in the General Intelligence Service. The circumstances of
his death remain unclear.

Human Rights Watch interviewed two people who witnessed Khattab's
arrest. One of them saw two vehicles and the other saw three, but both said
they saw two armed men in dark clothes take Khattab out of his shop and put him
into one of the cars just before 8 p.m.[143]

One of Khattab's relatives explained what the family did
next:

When Sami was kidnapped, we made unofficial contact with
people close to Hamas on their personal capacities. They informed us that Sami
was held by the internal security service [ISF]. Those people are mostly
involved in political and public activities of Hamas, away from the military
thing.

The next morning, we called the police
and told them about Sami, since they are the de facto power. Nai'm al-Kurd,
chief of Deir al-Balah police station, told me on the phone that we must go to
the station and officially tell them about the kidnapping of Sami.

At 9 a.m., the mukhtar
(clan head) of our family, Ismail Mohammed Khattab, and his son Fuad went to
the station and wrote a memo about the kidnapping.

At 5 pm, the director of the station called me on my mobile
-I have a previous tie with him when we were prisoners in an Israeli jail in
the past. He told me that Sami is not held by the police and that he is held by
the internal security and he doesn't know where he is held exactly, whether in
Dir al-Balah or in Gaza City. He also told me that Sami's story was easy and
that it was only his long tongue which talks so much. He also said it was
difficult for the police to intervene when it comes to the internal security
and that they don't accept such intervention. I told him: anyway, keep us
posted if you get any new information.

The next day, Tuesday, at 9:45 a.m.,
Nai'm al-Kurd phoned me and said he has got bad news: a dead body was found in
Netzarim settlement, and probably it was Sami. I told the family about this and
started to go to the hospital to get the body.[144]

After the police called, one of the relatives who saw Sami
get arrested went with another relative to see Sami's body. They drove past the
Netzarim settlement on the way and went to take a look. "We went to the body
which was on the ground, it was Sami's," the relative said. "His hands and feet
were tied up with a white rope and his body was wrapped with a rug, the same
rug that is used in the police stations and the jails. Most of his body showed
clear signs of torture."[145]

Human Rights Watch spoke with another relative who saw the
body at al-Shifa hospital and explained what he saw:

We took Sami's body out of the ambulance. He was tied up
and wrapped in an old rug. Under the rope, the skin was torn because the rope
was very tight. His legs were also bound. It is the same rug that used to be
distributed in the Palestinian Authority security facilities.

Officials for the autopsy and Hamas police came. In front
of the morgue, the policemen prevented the journalists from filming and tried
to search us to take the mobile phone cameras. We were about 40, and the
policemen's number was a little but higher than ours.

We scuffled with the policemen after they tried to search
us for mobiles. They pointed their guns at us and about 15 of them fired
sporadic shots in the air. They pushed some of us with their guns.[146]

PCHR staff members were able to inspect Khattab's body and
reported seeing cuts and bruises all over the body, which strongly indicated
that he was subjected to severe physical violence during his abduction.[147]
This matched what a lawyer and field worker from the human rights organization
al-Mezan observed:

At first glance, obvious signs of torture, including
black-and-blue marks, were found all over his body. Bruises and abrasions were
found on his upper and middle back, elbows, forehead, and the area from the top
of his buttocks to the backs of his thighs. There were clear signs that his
wrists and ankles had been tightly bound.[148]

Following a public outcry about Khattab's apparent unlawful
killing by security forces, non-Fatah and non-Hamas members of the Palestinian
Legislative Council from Gaza and the West Bank formed a special committee to
investigate the case, similar to the PLC committee that investigated the death
in custody in Ramallah of Majid al-Barghuti (see chapter, West Bank: Abuses
Against Hamas). The members of the two committees are the same: Qaiss Abu
Laila, Bassam al-Salehi, Mustafa al-Barghouti, Khalida Jarrar and Hassan
Khraisha, plus Hussam al-Tawil from Gaza.

On May 19, Hussam al-Tawil told Human Rights Watch: "So far,
there is no thing new on this issue because we are waiting for the arrival of
the committee's members from the West Bank,
and this delay is due to the Israelis. There are efforts by the Palestinian
presidency to issue the permits for the committee members."[149]

The family, meanwhile, had no news from the Hamas government
as of late April. "What makes us crazy is that we don't know why he was
kidnapped," Sami's wife Suad said. "We don't know what happened and why, but
suddenly, after 24 hours, we were shocked by his death."[150]

November 12, 2007, Demonstration in GazaCity

One of the most violent incidents since the June 2007
takeover occurred on November 12, 2007, when about 250,000 Fatah supporters
gathered in GazaCity, with official permission, to
commemorate the third anniversary of Fatah founder Yasir Arafat's death. The
gathering was the largest show of support for Fatah since Hamas seized control
of the territory. According to testimony gathered by Human Rights Watch, Hamas
security forces, which at times came under attack from stone-throwing
demonstrators, opened fire in an indiscriminate manner on the crowd, killing
seven and wounding more than 90. After an investigation, the Hamas authorities
said they punished 38 unnamed policemen with imprisonment, dismissal or
demotion for failing to prevent the killing.

Human Rights Watch interviewed three shooting victims from
the demonstration and five eyewitnesses, as well as hospital, health ministry
and interior ministry officials in Gaza.
According to their testimonies, the demonstration was scheduled to start at 1
p.m. at the al-Qatiba grounds near al-AzharUniversity. By late
morning, large crowds had assembled around the university. Three witnesses told
Human Rights Watch the atmosphere was peaceful but tense, and that Hamas
security forces had established checkpoints and posted gunmen on the roofs of
tall buildings. Hamas members in civilian clothes mingled with the crowd, they
said. Demonstrators taunted the security forces with chants of "Shi`a! Shi`a!"
– a common provocation in Gaza that refers to
Hamas's support from Iran,
a predominately Shi`a country. Most Palestinians, including Hamas members and
supporters, are Sunni.

According to the Palestinian Center for Human Rights, the
first clash began around 11:30 a.m. Hamas security forces opened fire and
killed Tariq Mahmud al-Najjar, age 29, with bullets to the chest and right
hand, although it remains unclear why the forces shot.[151] The
interior ministry spokesman told Human Rights Watch he was killed by Fatah
gunmen on nearby rooftops on al-Sina' Street, about 300 meters from the rally
site.[152]

The violence worsened around 1 p.m., after large crowds
listened to speeches from Fatah leaders. A group of stone-throwing Fatah
supporters confronted Hamas security forces, who reportedly fired automatic
weapons into the air and then, according to witnesses, indiscriminately at the
crowd. According to one man who was wounded, the violence started when security
forces tried to arrest three Fatah supporters who were taking photographs with
their mobile phones, although he did not witness this himself.[153]

According to figures from Al-ShifaHospital
and the Hamas-run ministry of health, in addition to Tariq Mahmud al-Najjar,
the following people lost their lives:

Ibrahim
Mahmud Ahmad, 13, from Beit Hanoun

Hosam
Badr al-Oadi, 26, from GazaCity

Kamil Ziyara, 19, from Beach refugee camp

Muhammad Ahmad al-Masri, 67, from Khan
Younis

Ayub
Abu Samra, age unknown, from Deir al-Balah.

A
seventh person, Marwan al-Nunu, 21, died two days later from bullet
wounds.

An official at Al-ShifaHospital told Human
Rights Watch that all of the victims died from gunfire, most of them shot in
the head. According to PCHR, the bullet wounds of the five people mentioned
above were in the neck, head, chest, chest, and head, respectively. The seventh
casualty, al-Nunu, who died two days later, was also shot in the head.

After the shootings, witnesses saw Hamas members in civilian
clothes beating people with sticks and batons. According to hospital records
viewed by Human Rights Watch, 94 people received medical treatment for injuries
sustained during or after the demonstration. Of these people, 50 were treated
at Al-ShifaHospital
and the rest at Al-Quds hospital in southern GazaCity.

Human Rights Watch interviewed three of the wounded
demonstrators at Al-ShifaHospital. Y.G., a
16-year-old boy, said he heard gunfire as he was going home at the end of the demonstration:

At the intersection [by Al-AzharUniversity]
I saw a man who fell on the ground after being injured. I ran to help him but
as soon as I arrived a bullet hit my arm. I don't know where the bullet came
from. There was a seven-story building overlooking the crossroads, and Hamas
gunmen were firing from the roof and the other policemen were also firing, some
in the air and some at the demonstrators. With my own eyes, I saw three
policemen at the crossroads taking up positions like snipers and they fired at
the people.

The people started to shout "Shi`a! Shi`a!" at them and they
threw stones at Hamas policemen. There were no armed men among Fatah, only
bodyguards of Abu Mahir Hillis, a senior Fatah leader in Gaza, were armed with
pistols and one of them was armed with a Kalashnikov but they left before the
violence started.

I was running like a crazy boy because of the pain in my
arm. There were no cars. People carried me from time to time to get me out of
the square. I learned later that the problems started when the policemen tried
to arrest three Fatah supporters who were using their mobile phone cameras and
filming near the crossroad where many policemen and gunmen, dressed in civilian
clothes, were deployed. The people tried to prevent Hamas from arresting the
three guys and the shooting started from here.[154]

A 22-year-old Fatah supporter from Deir al-Balah explained
how he was wounded:

I came from Deir al-Balah to the rally. When it ended
around 12:30, I suddenly
heard some gunshots that came from behind. I went there, to [the Al-Azhar
University] intersection – about 50 meters from the main police compound in
Gaza – and found dozens of Executive Force [Hamas] members, who were on full
alert and pointing their guns at the people.

The people shouted "Shi`a! Shi`a!" at
Hamas. I came closer but suddenly one of the Executive Force men opened fire
randomly at the people. A young guy next to me was killed immediately and I was
wounded by a gunshot in my right leg. I arrived at the hospital after almost
two hours because the ambulances were unable to come to the place and there
were no cars because of the number of people.[155]

A.H., age 17, explained how he was shot in his abdomen:

I ran for cover, as most of the people did when the
shooting suddenly started at the end of the demonstration. While I was running,
a gunshot hit me in my abdomen. I don't know where the bullets came from but I
can confirm that I did not see any weapons with anyone from Fatah. When the
Executive Force attacked the rally, the people threw stones at them.[156]

According to PCHR, Hamas police temporarily detained at
least three journalists covering the demonstration, including at least one
foreign reporter, Paul Martin, who wrote about the incident in The Times of London.[157]

According to Ihab al-Ghusain, the Ministry of Interior
spokesman, Fatah was to blame for the violence. He said four policemen were
fired upon and lightly wounded in northern Gaza
before the demonstration and two others were wounded in a drive-by shooting in
the area of Nusseirat, south of GazaCity. During the
demonstration, he said, Fatah gunmen were positioned on rooftops overlooking
the demonstration and on the buildings of Al-AzharUniversity.

"There was a Fatah plan in advance to cause trouble and
riots after taking advantage of the large crowd," said al-Ghusain. "And, yes,
of course, after the speakers finished their speeches, gunmen on Al-AzharUniversity [rooftops] fired at the
people and the police. The policemen got close to the scene to see who was
firing but the gunmen continued to fire and these unfortunate incidents have
continued and ended with the death and injuries of a number of Palestinian
people."[158]

The police arrested two of the Fatah gunmen, he said, in
addition to a number of "trouble-makers" who were arrested at the
demonstration. The police also confiscated pipe bombs and pistols, he said.

On November 13, the day after the demonstration, Human
Rights Watch visited the intensive care unit at Al-ShifaHospital,
where the following people were receiving care:

Mahmud
Muhammad al-Rifa`i, 23, gunshot to the neck

Yusif
al-Dairi, 18, gunshot to the head

Marwan
al-Nunu, 21, gunshot to the head (later died)

Ahmad
al-Wadi`a, 20, gunshot in the abdomen

The ministry of health also provided some details of others
who were wounded:

Four
people, including a 5-year-old boy, `Atif al-Ghar, were wounded in the
head.

In the days after the demonstration, Hamas security forces
arrested scores of Fatah members and supporters-450 people according to Fatah,
but that number remains unconfirmed. The Interior Ministry spokesman told Human
Rights Watch that those detained "are not more than 100." They were being held
at the al-Mashtal facility, he said. Human Rights Watch does not know if they
were subsequently charged or released.

On November 15, Ismail Haniya announced the creation of an
"honest, fair and transparent" commission to investigate the violence of
November 12.[159]
He also ordered the release of Fatah members and supporters arrested after the
demonstration, except for those "involved in riots and disturbances."

On June 2, 2008, Hamas announced that it had punished 38
policemen for failing to prevent the killing of the seven people who died. Hamas
spokesman Taher al-Nono said the police had "failed to implement and had
violated orders."[160]
The unnamed policemen were given punishments ranging from jail sentences to
dismissal and demotion, he said, without providing details on the specific
punishments or the violations for which they were punished.

International legal standards on use of force, including the
United Nations Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, provide that officers shall, as far as possible, use
nonviolent means before resorting to the use of force and firearms. Whenever
the lawful use of force and firearms is unavoidable, forces must exercise
restraint in such use and act in proportion to the seriousness of the offense
and the legitimate objective to be achieved, and also minimize damage and
injury. The prohibition in international human rights law on the arbitrary
taking of life also requires authorities to set up independent investigations
where state authorities (such as the police) may have caused arbitrary loss of
life. Such investigations should involve the families of the victims and lead
to the identification (and prosecution) of anyone responsible for the arbitrary
taking of life.[161]

Man in al-ShifaHospital

On October 14, 2007 Human Rights Watch visited al-Shifa
hospital and saw an unconscious young man in the intensive care unit with a
broken left arm and cuts and bruises on both legs. His family at the hospital
said that he had been beaten by the police four days before. His father told
Human Rights Watch:

On October 10 a large group came to our home, more than 50
men, armed, around 2:30 in
the morning. They called for him. We woke him up and they took him away. They
said they were from al-Qassam Brigades and my son had planted a bomb to get one
of their members. The police dropped him here at Gaza hospital some hours later.[162]

Human Rights Watch viewed a medical report from the patient,
dated October 10, which said the police had brought the young man to the
hospital the previous day with "impaired conscious level and resp.[iratory]
distress." Doctors found no skull fracture or brain damage, but a fracture of
the left forearm (lower one-third of the ulna), the report said.[163]
There was no explanation as to why he was in a coma.

E.M. in GazaCity

In early October, a former Fatah official, E.M., was sitting
near his home in northern GazaCity when he said he was
approached and forcibly taken at gunpoint by two masked men. Interviewed in al-ShifaHospital a few days later, he told Human
Rights Watch:

The bus drove about 20 minutes after they blindfolded my
eyes. They beat me frequently during the trip with the butts of their rifles
and rubber hoses. They also punched me several times on my head to lose
concentration. I don't know where they took me.

There they started to interrogate me: "You were late. You
have tired us out until we caught you. Welcome, big man. Are you a spy and
collaborator? Are you an adulterer? What are your relations with Dayton [Fayyad]
government?

The answers to their questions had to be no, so whenever I
answered they beat me and said that I didn't want to cooperate with them. They
told me that they came from Beit Hanoun and that I was in being interrogated in
that same city.[164]

Around 11:00 p.m.,
E.M. said, his captors said they were going to "get rid" of him because he
refused to cooperate. They drove off again in the small bus for approximately
ten minutes and then blindfolded him:

They took me out and wanted me to raise my hands to a wall,
but they heard the sound of cars coming so they hurried up and shot me in my
right leg. I fell down and one of them said let's shoot him in the other leg,
but another one said it was enough "because he fell down" and they drove away.

Residents of the area came after a few minutes and E.M.
saw he was in an agricultural area near Mohammedal-DurraHospital
in northeast GazaCity. An ambulance came
and took him to al-ShifaHospital, where he spent
at least two days in the intensive care unit. When Human Rights Watch visited
him on October 8, large bruises were visible on his upper body.

Yusif Mohamed Abu Hussein in GazaCity

On October 1, 2007, masked and armed men abducted Yusif
Mohamed Abu Hussein, a 28-year-old father of three, who had worked for ten
years with the PA National Security Force. They held him for a few hours,
during which time they beat him severely, cut his feet between his toes, and
shot him three times with a pistol in his left leg. Human Rights Watch
interviewed him 10 days later and observed the wounds.

According to Abu Hussein, on the evening of October 1, 2007, around 8 p.m., he was sitting with some
friends near his house in GazaCity. A Jeep Wrangler
pulled up and six masked men got out with guns. Some of them fired into the air
and others at the ground, he said. Two
gunshots wounded his uncle who was standing nearby. The men grabbed Abu Hussein
and, with pistols to his head, ordered him into the jeep. He was handcuffed
with his hands behind his back and a blindfold over his eyes.

According to Abu Hussein, the men drove the jeep a few
hundred meters away and pushed him out. They forced him to the roof of a house,
where they beat him severely with a stick. He said:

They cut with a knife between my toes. They also used
rubber hoses on my arms and back. "Where do you work?" they asked. I said in
security and I gave them my military ID. I said I'm a member of the National
Security Force. Two guys were holding me arms while the others kept beating me.
I was blindfolded and a nylon bag was on my head. Someone was stomping on my
feet.[165]

After about one hour they took him back to the jeep, and
then to a place nearby he said was used as a parking lot. "It was empty. They
took me out and opened fire on my legs. They shot me while I was lying on the
ground. They said "Now we'll drive over your legs." They tried but somehow I
was able to roll away."

Abu Hussein was hit with three bullets in his left leg by a
pistol. Human Rights Watch saw the wounds in the leg, and also the cuts between
the toes.

In October 2007, Hamas security forces in GazaCity
detained Yusif Mohamed Abu Hussein, who had worked for ten years with the
National Security Force.They fired
three bullets into his left leg and cut the skin next to his right big toe, he
said.

According to Abu Hussein, he and his family decided not to
file a complaint with the police. "To whom should I complain," he said. "Because
it's the same people."

B.R. in Khan Younis

B.R., age 36, was a police officer in Khan Younis before the
Hamas takeover. He said the Executive Force detained him in late September,
together with six neighbors, beat him and detained him for four days in a
police station without charge.

The problem began, he said, when Hamas replaced the imam of
the local mosque in his neighborhood with one of their own. The residents
protested and the police arrested B.R.'s 15-year-old nephew for reasons that
remain unclear. About 20 minutes later, the family learned that the police had
dropped the nephew off in front of NasserHospital, suffering from
the effects of what appeared to be a beating. "Doctors were hesitant to treat
him when they knew he was beaten by Hamas," B.R. told Human Rights Watch. "I
took him to a private doctor, he gave him some hypodermic injection and I took
my nephew back to the house." B.R. explained what happened next:

At about 7 p.m.,
four masked gunmen of the [Hamas] fighters that were deployed in the area
approached me. Some of them were dressed in black and others were wearing the
Executive Force uniform. They said, "Come with us." I tried to escape but they
fired around me and took me to their cars that were waiting at the end of the
street, about 100 meters away. They forced me to make my way in front of them
with their sticks, and they kept hitting me until we reached one of their
pick-up trucks.

They threw me inside after blindfolding me and handcuffing
me. One of them told the driver to go to al-Qassam site, which I know is
located in the former settlement Gush Qatif. All the way, they were poking me
with their legs and saying, "You are infidels, dogs, and spies."

When we arrived, they put a sack on my head because they
believed that I might have been able to see. I think we were in a room with
about six other detainees. They asked me my name and work and I told them.
These were the only two questions they asked. They asked the others and I found
out that all of them were my neighbors.

Following this, they have started to beat us one by one with
sticks. They beat me for about five minutes before continuing to the next
detainee and they repeated the process every half an hour. They focused their
sticks on the shoulders, the foot and the back. They were not asking us
questions.

After that, they pushed us and let us walk on a floor but
suddenly I fell. We were walking on a higher surface; I fell from about two
meters high. When I fell, another group hit me with the sticks for about ten
minutes.

They threw us back into the jeep and drove to a Khan Younis
police station. Along the way, they continued beating us and they ignored the
orders that came from the jeep that followed us. It was night. At the police
station, they removed the cover from our eyes and freed our hands. An
interrogator took our statements about the troubles that took place in our
neighborhood. The interrogator wrote a note to hold us for 24 hours at the
station. They put us in the detention cell at the police station. I asked them
to let me go to the hospital for a check-up but they said no. We remained there
for four days at the police station and they released us on October 4.

In order to legalize the detention, they said that someone
had filed a complaint against me with the police. They mentioned his name but
it was the first time that I heard that name. They forced me to sign a pledge
not to harm that guy.[166]

Alla Yassin Abu Awad in GazaCity

Alla Yassin Abu Awad, a 33 year-old father of four, worked
prior to June 2007 as a captain in the General Intelligence Service. He served in
the al-Mashtal facility, and in August 2007 he spent a long night there in
detention himself.

According to Abu Awad, in the evening of August 12, 2007, unknown men came to
his home with a warrant for his arrest. He was not home at the time but they
left a document with "Executive Force" written on top that said he had to
report to the police station at the Beach Camp in northern GazaCity
immediately. He went that night around 10:30
together with his uncle.

At the police station, officers confiscated his possessions,
blindfolded him, and put him in a jeep with two other men who had been arrested
that night. Together they drove to al-Mashtal. Abu Awad explained what happened
next:

First, as the jeep stopped, they started to shout and hit
the jeep to make us confused. Before we got out, as my leg hit the ground, they
started to beat us and curse us. They took us underground into what I think was
a small room. The continued beating me and they moved me to another room. I
felt I was alone. I don't know what devices they used but they beat me on my
back, backside, the back of my legs and shoulders.

Human Rights Watch saw photographs of Abu Awad that showed
deep bruising on his backside, back, legs and shoulders. He said they had been
taken just after his release on August 13. Abu Awad continued:

In the first room, the Executive Force guy asked his
colleague to bring a pistol. He did and he put it to my head and said: "If you
don't speak I'll kill you." They didn't ask questions, only where I worked. But
they knew I was with intelligence. I felt like it was just for revenge and
torture.

In the second room, my hands were tied behind my back to a
chain on the wall. They asked me to step on a chair. I couldn't see a chair, so
they raised me and put me on a chair. Then they raised me up on the wall. I
started to scream because it was very painful. They were pushing me back and
forth for 10 to 15 minutes. Then they put me down on the ground on my back with
my hands tied behind. They brought an office chair and hit me on the bottom of
my feet with heavy sticks. This was for less than 15 minutes. Two of them were
holding my feet. Then they told me to stand up and to jump. When I couldn't
anymore from the pain, they beat me on my toes.[167]

After this the interrogators took Abu Awad to another room,
where they untied his hands but kept him blindfolded. He slept the night there
and was awoken the next morning by cold water in his face. Then he moved to
different rooms and was eventually made to sit in the corridor. The officials
there, he said, made him sign a document promising to respect the law and not
take part in any illegal acts. Around 6
a.m. they drove him back to the police station, where he was
treated properly but scolded to respect the law. "The Fatah leadership has left
you and fled to the West Bank," he recalled
they said. "We won't show mercy on those who break the law." Around 11:30 a.m. his captors released him.

During his time at al-Mashtal, Abu Awad said he heard
different voices of prisoners. The next morning they saw each other and he
recognized three of them as Fatah security members and four as Fatah political
activists.

H.S. in Khan Younis

38-year-old H.S. from Khan Younis has eight children and
comes from a known pro-Fatah family. His cousin is a commander in the Al-Aqsa
Martyrs Brigades, he said, and other relatives are also members of the armed
group, but he himself was not involved.

On June 18, 2007, around 7 p.m., neighbors came to H.S.'s
home and said members of the Qassam Brigade wanted him outside. He went. According
to H.S., they took him in a jeep with his head covered and his hands tied to
the area called Maan, where they had a small compound at the beach near
al-Tufa. They uncovered his head and started the interrogation, asking about
the guns he owned. He explained:

They beat me with sticks and five sticks broke while they
were beating me. From the torture I got 19 broken bones in my body, mostly on
my hands and legs. They hit me with a metal bar. I fainted five times and then
after the sixth time I stayed like that. They took me unconscious and dropped
me in front of the hospital.[168]

When Human Rights Watch visited H.S. at his home on October
11, he showed photographs of himself taken in late June with casts on both arms
and both legs. At the time of the visit, he still had a cast on his right leg
up to his knee, and H.S. said he was waiting for surgery on his leg.

F.B. in Khan Younis

F.B., a 48-year-old father of five, worked previously as a
guard at Preventive Security. On June 15, 2007, a group of men came to his home
in Khan Younis and demanded he give them his weapons. He handed over three
Kalashnikovs, he said.

About one week later, five armed men pulled up to his house
in a jeep. He said he recognized them as members of the al-Qassam Brigades. They
took him to a facility in town called Maan, previously used by Force 17, an
elite special operations unit that reports to the Palestinian president. There
they interrogated him, asking about his family members who were active in politics
and militant groups. They accused him of helping a neighbor who was in
Preventive Security. And, he explained, they used violence during the
interrogation:

During the questions they were punching me in the head. They
put a pistol to my head. Every two minutes they cocked their weapons and
threatened me. Then they blindfolded me. They covered my head and then the
interrogation started to get rougher. They were beating me and one kicked me
hard in the back. The whole interrogation was them accusing me and me denying.
They finally forced me to confess things I had never done.[169]

The beating and interrogation lasted about five hours, F.B.
said, and then he was allowed to go home. He had not registered the case with
the police for fear of retaliation.

V. The Role of International Donors

Since the Hamas takeover of Gaza
in June 2007, the Fatah-dominated security forces in the West Bank have enjoyed
extensive support from the US
and EU Member States, as well as from some Arab states.[170]

In October 2007, for example, the PalestinianAcademy for Security Sciences (PASS)
opened in the town of Jericho
with substantial foreign funding. The academy selected its first class of
nearly 150 officers, two of them women, from the various forces, including
Preventive Security and the GIS, "for their professionalism and for their
loyalty to" President Abbas.[171]
Modeled after similar institutions in Jordan,
Qatar and Egypt, the academy is an integral
part of Abbas's security plan to combat Hamas and other Islamic militants, with
training in a broad range of fields, including military tactics, information
technology, crisis management, political parties and movements, security
investigations, anti-terrorism, human rights and Hebrew language.[172]
Nearly $2 million in funding for the academy came from Arab states-including
Saudi Arabia and the United Arab Emirates-EU Member States, Turkey, and
Malaysia.[173]
The United States provided
what a report from Voice of America radio called "indirect support" to PASS[174]
and earmarked funds for three other training centers in Jericho.[175]According to the academy's website, the
school is "part of Abbas's new security plan to keep the Islamic militants on
the defensive, and to reassure Israel
and the US
that he's strong enough to carry out a peace deal."[176]

Since January 2006, the European Union has supported the
criminal justice system and the Palestinian Civil Police, commanded since early
April 2008 by Maj. Gen. Hazem Atallah, which appears to be the least abusive
force in the West Bank. The EU funds a multi-million
euro project called EU Police Coordinating Office for Palestinian Police Support, or
EUPOL COPPS, which advises and assists the civil police, coordinates international assistance to the police and
gives advice on police-related criminal justice matters.[177] The
program is based on the Palestinian Civil Police Development Program
2005-2008, whose objective is to establish a "transparent and accountable
police organization with a clearly identified role, operating within a sound
legal framework, capable of delivering an effective and robust policing
service, responsive to the needs of the society and able to manage effectively
its human and physical resources."[178] In
June 2008, the civil police opened three new police stations in the West Bank, including a station in the area of Qalqilya financed by EUPOL
COPPS.[179]

From September 2007 to late May 2008, the EUPOL COPPS
program facilitated the training of 509 members of the civil police's public
order unit-more than half of the 878-man unit. The rest of the unit is expected
to complete its training by July 2008. According to EU COPPS, the training
includes, among other subjects, "human rights, proportionate response to force,
community service, communication skills, crowd control, crisis management,
maneuvering skills, defensive techniques and first aid."[180] The
project spokesman told Human Rights Watch that the training is "based on the
proportionate use of force, the idea of containing violence and in general the
ethics of the course is that the police should serve the citizen."[181]
In the future, the program is planning to work on prison infrastructure and to
help develop a legal framework for the police, he said.

The United States,
in contrast, is supporting more specialized forces for national security and counterterrorism
to act as a counterweight to Hamas. According to media reports, in mid-2006 the
US
government conducted two-week training courses for Abbas's Presidential Guard,
limiting the program to officers directly responsible for the personal security
of Abbas and his VIP guests. The US Secret Service instructed the officers in
counterterrorism techniques to include airport and event security planning.[182]
Also in 2006, staff from the US Embassy in Tel Aviv reportedly instructed 60
Presidential Guard officers in securing vehicles and sites against bomb threats
and suspect devices.[183]

At the end of
2006, as relations between Fatah and Hamas worsened, the US government promised $86.4
million for security forces loyal to President Abbas. The money was meant to
help the president "[d]ismantle
the infrastructure of terrorism and establish law and order in the West Bank and Gaza,"
according to a US
government document obtained by Reuters.[184] US
Middle East Security Coordinator Lt. Gen. Keith Dayton, the document said,
would implement the program "to strengthen and reform elements of the
Palestinian security sector controlled by the PA presidency."[185]
Apparently intended for Abbas's
Presidential Guard, the money was blocked by members of the US Congress who
feared the aid would be used against Israel.[186] In
April 2007, Congress approved $59.4 million for non-lethal aid to train
Palestinian security forces, including equipment for the Presidential Guard,
and training in Jordan.[187]
It remains unclear whether the US
is providing any aid or assistance to Preventive Security or the GIS, who are
implicated in most of the West Bank abuses
documented in this report.

According to media reports, the Israeli government has
placed significant restrictions on the extent of training, aid and equipment
from the US and other
sources, afraid that Palestinian forces will turn against Israel itself.[188]

The US-backed training held at the Jordan International
Police Training Center (JIPTC), run by American contractors and Jordanian
forces, began in January 2008.[189]
The 1,400-hour curriculum focuses on counterterrorism tactics and includes
lessons in first aid, firearms, urban and rural small-unit tactics, patrol
techniques, crime scene investigations, human rights law, and
telecommunications.[190]
The program reportedly is fraught with problems, mainly a lack of equipment and
insufficient preparation by trainers.[191]

Questions about the human rights component of the Jordan
training submitted by Human Rights Watch to Lt. Gen. Dayton's office on June
20, 2008, have to date gone unanswered.

In April 2008, 430 members of the Presidential Guard,
commanded by Col. Munir al-Zuabi, completed their training and were deployed in
Jenin.[192]
Another 650 members of the National Security Forces completed a 16-week course
in May 2008, and also went to Jenin, as a test case to see if Palestinian
forces are able secure law and order.[193] The
State Department's Bureau of Diplomatic Security also has conducted training
for the Presidential Guard.[194]

The amount of US aid for 2008 remains unclear but
one senior official said it would exceed $500 million. "Next year alone, the United States
will provide more than half a billion dollars to the Palestinians to help them
build the institutions and security forces of their future state," US National
Security Advisor Stephen Hadley said in November 2007. "General Keith Dayton of
the United States Army is on the ground to assist in this effort."[195]
US Secretary of State Condoleezza Rice gave a different figure in June 2008,
saying, on top of $86 million provided so far to "train and equip the national
security forces," the US government had "requested $100 million more from
Congress for fiscal years 2008 and 2009" for the security sector.[196]

On June 20, Human Rights Watch asked Lt. Gen. Dayton to provide
information about his programs, including the roles the various forces would
have in the security sector, and the efforts the US was undertaking to reduce
arbitrary arrests, torture and due process violations by those forces. As of
July 10, Lt. Gen. Dayton had not replied.

The training of the West Bank security forces is part of a
multi-billion dollar U.S and international effort to strengthen and transform
the security sector-constructing new chains of command, replacing equipment,
rebuilding bases, creating institutions to monitor performance, and extending
law and order-and to provide the economic and humanitarian assistance for the
Palestinian leaders in the West Bank to better meet their Roadmap obligations.[197]
To achieve these goals, donor states have formed the Ad Hoc Liaison Committee (AHLC), chaired by Norway, which held a donors' conference in Paris in December 2007, with subsequent meetings in New York, London and Berlin. The stated
purpose of the AHLC is to "assist the Palestinians in establishing a
sustainable, democratic state," which the donors view as essential for a
two-state solution to the conflict.[198] In
Paris, donor
states pledged $7.7 billion, including $230 million for security purposes.[199]

At the London meeting on May 2,
2008, the AHLC reaffirmed its commitment "to boost economic growth and
create functioning institutions to serve as a solid foundation for a
Palestinian state."It called
on Israel
to lift its restrictions on access and movement for Palestinians as a necessary
condition for improving the economy. In addition, the PA-meaning the West Bank authorities-had to "implement its
reform and development plans with a view to actively continuing to improve
governance, strengthen Palestinian institutions, and particularly improve the
security environment."[200]

On June 24, more than 40 senior officials from EU member
states, the United Nations, the Arab League, the United
States and elsewhere joined Palestinian and Israeli
officials in Berlin for a conference to
support the Palestinian civil police and rule of law in the West
Bank. Donors committed $242 million for security projects, such as
more police training, a forensic lab,[201]
and the reconstruction of prisons and courthouses.[202]

"Security and the rule of law represent the foundations of
any successful, responsible state, and such institutions will better enable the
Palestinians to fight terrorism, maintain law and order, and provide
opportunity for their people," US Secretary of State Condoleezza Rice said at
the conference. She continued: "We're pleased that the PA's leadership
recognizes the importance of coupling a strong security apparatus with
transparent and fair institutions of governance."[203]

Following the conference, the Quartet expressed its support
for the commitments as an important step in the creation of a viable
Palestinian state. "Palestinian security performance has improved, including
recent efforts in Jenin," a Quartet statement said, referring to the recent
deployment of newly trained Palestinian forces in the northern city. "Continued
Palestinian efforts to fight terrorism and to implement a more comprehensive
security strategy are necessary for sustainable long-term improvement."[204]

The statement is consistent with the continued failure by
foreign donors of West Bank security forces to
publicly criticize serious human rights abuses by the forces they support, such
as torture and arbitrary detentions. On the contrary, the consistent political
message has been to aggressively combat Hamas. Rather than implicitly endorse
these abuses, foreign donors should condition their aid to West
Bank security forces on concrete and verifiable steps to eliminate
them.

Aid to the Hamas authorities in Gaza is a similar concern, although little is
known about how much is given and by whom. According to Israel and the United
States, Hamas receives aid for its security forces from Syria and Iran.[205]
Fatah officials have also spoken about Iran's
support for Hamas,[206]
and Iran
publicly offered assistance to the Hamas-run government in 2006.[207]
If these countries do support the security forces in Gaza, then to avoid complicity they should
condition their aid on concrete and verifiable steps to reduce the serious
human rights violations documented in this report. The same holds for any
government that provides aid to the security forces in Gaza today. Governments that have supported
Hamas politically, such as Iran,
should publicly condemn Hamas's abuses and press their apparent ally to reform.

VI. Legal Standards

International Law

All of the abuses documented in this report – such as
arbitrary arrests, torture, unlawful detentions and denial of access to a
lawyer – are strictly forbidden in a wide body of international treaties,
including the Universal Declaration of Human Rights, the International Covenant
on Civil and Political Rights and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

The two most common abuses documented in this report are two
of the most strictly forbidden under international law. Arbitrary detention is
forbidden by Article 9 of the International Covenant on Civil and Political
Rights (ICCPR), which states "Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or detention. No one
shall be deprived of his liberty except on such grounds and in accordance with
such procedure as are established by law." Article 9 also states that "Anyone
who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay
on the lawfulness of his detention and order his release if the detention is
not lawful" and that "anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation."

The prohibition of torture is one of the most fundamental in
international human rights law. As set out in the Convention Against Torture,
torture means "any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person… by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in
an official capacity." The UN's Committee Against Torture has made it clear
that "those exercising superior authority -including public officials - cannot
avoid accountability or escape criminal responsibility for torture or
ill-treatment committed by subordinates where they knew or should have known
that such impermissible conduct was occurring, or was likely to occur, and they
failed to take reasonable and necessary preventive measures."[208]
No exceptional circumstances whatsoever may be invoked as a justification for
torture.

States are required under the Torture Convention to ensure
that torture does not take place. The Committee has made it clear that states
are responsible for areas they control "de facto" as well as "de jure" This
includes having effective systems in place for addressing victims' complaints,
and prosecuting those who torture, those who order them to, and those in
positions of authority who fail to prevent or punish torture. Other states
where someone accused of torture is present are required to either extradite
that person to face trial, or prosecute them themselves.

The Palestinian Authority is not a sovereign state that can
sign and ratify international human rights treaties, but it has repeatedly
committed itself to respect international human rights law. According to
article 10 of the Basic Law, the Palestinian National Authority "shall work without
delay to become a party to regional and international declarations and
covenants that protect human rights."

The PA has explicit legal obligations from the Oslo Accords,
an umbrella term for the series of agreements negotiated between Israel
and the Palestine Liberation Organization from 1993 to 1996.[209]
Annex I of the Protocol Concerning Redeployment of the Interim Agreement of
September 28, 1995, states that the Palestinian police will exercise powers and
responsibilities to implement the memorandum "with due regard to
internationally accepted norms of human rights and the rule of law."[210]
In addition, article XIV of the 1994 agreement on the Gaza Strip and the
Jericho Area provides for both Palestine and Israel
to respect human rights.

The PA has also committed itself to respect international
human rights norms in its membership in the Euro Mediterranean Partnership,
known as the Barcelona Process, which is a framework of political, economic and
social relations between the Member States of the European Union and states of
the Southern Mediterranean. According to the
Barcelona Declaration of November 1995, on which the process is based, members
undertook to act in accordance with the United Nations Charter and the
Universal Declaration of Human Rights, and to "respect human rights and
fundamental freedoms."[211]

Both the Ramallah and Gaza
authorities consider themselves to be the lawful government of the Palestinian
Authority and therefore should be bound by the PA's agreements. In any event
both de facto govern specific territories at this time and therefore should
govern in accordance with human rights.[212]

In the media and in meetings with international human rights
groups, PA officials have also repeatedly stated their commitment to abide by
internationally recognized human rights standards. A recent report issued by
the Ministry of Interior on arrests during the state of emergency refers to
international human rights principles and covenants.[213]

As only a de facto governing authority, a political party
and an armed group, Hamas cannot sign international human rights treaties, but
it has publicly committed itself on numerous occasions to respect international
standards. At a speech in Gaza
on June 21, 2006, Ismail Haniya said Hamas was determined "to promote the rule of law, the respect for the judiciary,
the separation of powers, the respect for human rights, the equality among
citizens; to fight all forms of discrimination; to protect public liberties,
including the freedom of the press and opinion."[214]
In the program of the National Unity Government, presented on March 17, 2007, Hamas
stated its "respect for international law and international humanitarian law
insofar as they conform with our character, customs and original traditions."[215]

Palestinian Law

The human rights abuses documented in this report also
amount to violations of Palestinian law. First and foremost, the Palestinian
Basic Law, referred to as the Palestinian constitution, enshrines most
fundamental rights.[216]
According to article 9, all Palestinians are equal before the law, without
discrimination because of race, sex, color, religion, political views, or
disability. Article 10 states that
"basic human rights and freedoms shall be binding and respected."

Article 11 deals with arrests and detentions, making it
unlawful to "arrest, search, imprison, restrict the freedom, or prevent the
movement of, any person, except by judicial order in accordance with the
provisions of law." In addition, the article states, the law shall specify the
period of pre-arrest detention. Imprisonment or detention is also only allowed
in official facilities that are subject to the laws related to the organization
of prisons.

According to article
12, the arresting authorities must inform every arrested person of the
reasons for his or her arrest. Detainees shall be promptly informed, in a
language he or she understands, of the nature of the charges, and they shall
have the right to contact a lawyer. Trials must be held "without delay."

Torture is strictly forbidden under article 13. All persons
deprived of their freedom shall "receive proper treatment." In addition, all statements or confessions
obtained through duress or torture "shall be considered null and void."

Article 14 guarantees that detainees are innocent until proven
guilty in a court of law and guarantees the right to a proper defense. Any
person accused in a criminal case has the right to legal counsel.

Article 17 addresses the inviolability of private homes. Private
residences cannot be subject to surveillance, entrance or search without a
valid judicial order, and in accordance with the provisions of law.

Freedom of expression is enshrined in article 19, which
states that "every person shall have the right to freedom of thought,
conscience and expression, and shall have the right to publish his opinion
orally, in writing, or in any form of art, or through any other form of
expression, provided that it does not contradict with the provisions of law."
Article 27 says that the "establishment of newspapers and all media means is a
right for all," as is the "freedom of audio, visual, and written media, as well
as freedom to print, publish, distribute, transmit, together with the freedom
of individuals working in this field." According to this article, media censorship
is forbidden and "no warning, suspension, confiscation, cancellation, or
restrictions shall be imposed on media except by law, and in accordance with a
judicial order."

Freedom of association is enshrined in article 26, which
states that Palestinians have the right "to participate in the political life
individually and in groups." In particular, in accordance with the law they,
can establish and join political parties, establish unions, guilds,
associations, societies, clubs, and public institutions, conduct special
meetings without the presence of police members and conduct public meetings,
processions, and assemblies.

Articles 88 and 89 guarantee the independence of the
judiciary. Judges are independent and "no other authority may interfere in the
judiciary or in the justice affairs."

The security forces and police are addressed in article 75,
which says their function is "to defend the country, serve people, protect the
community and maintain public order, security and morals." According to the law,
security forces must perform their duties "within the limits prescribed by law
with complete respect for rights and freedom."

The Palestinian Penal Procedures Law elaborates on how the
security forces must conduct arrests and treat arrested person. Article 29
states that "No person may be arrested or imprisoned except by order of the
competent authority as designated by law." Detained and arrested persons "must
be treated in a manner that will preserve his dignity and may not be physically
or morally harmed."

Article 68 of the Penal Procedures Law states that the
authorities can only detain and imprison individuals "in a correctional and
rehabilitation centre and in the places of detention designated by law."

According to the Penal Procedures Law, anyone detained must
have their case reviewed by a prosecutor within 24 hours (article 34). A
prosecutor can extend the period of detention for another 48 hours. After 72
hours, the case must be reviewed by a judge (article 51), who can extend the
detention by another 15 days (articles 62 and 63). A judge can extend the
detention for another two 15-day periods for 15 days for a maximum of 45 days. During
this time, detainees must have prompt and unhindered access to legal counsel
(article 46).

Some of the abuses documented in this report occurred when a
state of emergency was in effect (June 14 to July 14, 2007). The Palestinian
Basic Law, article 102, allows some restrictions of fundamental rights during
this time, but only "to the level that is necessary to achieve the objective
stated in the decree that announces the state of emergency." The presidential
decree declaring a state of emergency did not state an objective.[217]
Article 103 states that, during a state of emergency, any arrest or detention
must be reviewed by either the attorney general or the concerned court within
15 days and the detained individual must have the right to appoint a lawyer of
his choice.

Some legislation regulating the security forces also
reference international law. The presidential decree regulating Preventive
Security, issued by President Abbas on November 20, 2007, states that
"Preventive Security has to abide by the rights, freedoms and guarantees as
stipulated in the Palestinian laws and charters and international treaties."[218]
The PLC has not approved the decree but, according to article 60 of the Basic
Law, presidential decrees have the power of law until the PLC convenes and
rejects them.

VII. Recommendations

The Palestinian authorities in the West Bank and Gaza, as well as their
international donors and supporters, should take active steps to eliminate the
serious human rights abuses documented in this report, such as torture,
arbitrary arrests and due process violations.

Human Rights Watch calls on the Palestinian authorities in the West Bank to
implement the following recommendations:

Regarding Torture

Issue clear and public instructions to all members of
the security forces, and make clear that violators will be punished to the
fullest extent of the law;

Initiate prompt and impartial investigations into all
credible reports of torture or deaths of detainees. Discipline or
prosecute as appropriate all individuals, regardless of rank, found
responsible for the torture or death of detainees. This includes
individuals who carried out such abuse or ordered such abuses, and
commanding officers who knew or should have known of such acts but failed
to prevent those acts or punish the perpetrators;

Conduct autopsies for every person who dies in the
custody of any agency of the state, and make those reports publicly
available;

Instruct all interrogators, medical personnel, and
other staff coming into contact with detainees under interrogation to wear
badges bearing their name and/or identification number;

Regarding arbitrary arrest

Immediately release, or charge with recognizable
criminal offenses, all those currently held without charge;

Ensure all detainees are brought before a civilian
court to review the legality and necessity of their detention, with the
power to order their release;

End
the practice of ordering detainees to sign political oaths or pledges to
stop legitimate political activity.

Regarding due process violations

Release all detainees who, after their arrest, were
not promptly informed of the reason for their arrest or given access to a
lawyer, as required by law;

Release all detainees still in detention who were not
brought before a prosecutor within 24 hours or before a judge within 72
hours, as required by law;

Release
without delay all detainees whose release has been ordered by a court.

Regarding detention facilities

Allow unimpeded access for monitors of the
Independent Commission for Human Rights (formerly the Palestinian
Independent Commission for Citizens' Rights) to all places of detention;

Facilitate
access to all places of detention for Palestinian nongovernmental
organizations with a mandate to monitor such facilities.

Regarding impunity and accountability

Condemn publicly and at a high-level acts of torture,
illegal detention, and other abusive practices by Palestinian security
forces in the West Bank;

Conduct prompt, thorough, and impartial
investigations into credible allegations of human rights abuses, and make
the findings public;

Provide
training to all security and law enforcement agents in international human
rights standards and in domestic law, and hold all forces accountable for
deviations from these standards. These standards include the International
Covenant on Civil and Political Rights, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and the U.N.
Code of Conduct for Law Enforcement Officials.

Regarding judicial institutions

Cease
the boycott of judicial institutions in the Gaza Strip.

Human Rights Watch calls on the Palestinian authorities in the Gaza Strip
to implement the following recommendations:

Regarding Torture

Issue clear and public instructions to all members of
the security forces prohibiting torture, and make clear that violators
will be punished to the fullest extent of the law;

Initiate prompt and impartial investigations into all
credible reports of torture or deaths of detainees since June 2007. Discipline
or prosecute as appropriate all individuals, regardless of rank, found
responsible for the torture or death of detainees. This includes
individuals who committed or ordered such abuses as well as commanding
officers who knew or should have known of such acts but failed to prevent
them or punish the perpetrators;

Conduct autopsies for every person who dies in
custody of any agency of the state, and make those reports publicly
available;

Instruct all interrogators, medical personnel, and
other staff coming into contact with detainees under interrogation to wear
badges bearing their name and/or identification number;

Regarding arbitrary arrest

Immediately release or charge with recognizable
criminal offenses all those currently held without charge;

Ensure all detainees are brought before a civilian
court to review the legality and necessity of their detention, with the
power to order their release;

End
the practice of ordering detainees to sign political oaths or pledges to
stop legitimate political activity.

Regarding due process violations

Release all detainees still in custody who, after
their arrest, were not promptly informed of the reason for their arrest or
given access to a lawyer, as required by law;

Release all detainees still in custody who were not
brought before a prosecutor within 24 hours and a judge within 72 hours,
as required by law;

Release
all detainees still in custody where a court has ordered their release.

Regarding detention facilities

Allow unimpeded access for monitors of the
Independent Commission for Human Rights (formerly the Palestinian
Independent Commission for Citizens' Rights) to all places of detention;

Facilitate
access to all places of detention for Palestinian nongovernmental
organizations with a mandate to monitor such facilities.

Regarding impunity and accountability

Condemn publicly and at a high-level acts of torture,
illegal detention and other abusive practices when committed by
Palestinian security forces in the Gaza Strip;

Conduct prompt, thorough and impartial investigations
into credible allegations of human rights abuses and make the findings
public;

Provide
training to all security and law enforcement agents in international human
rights standards and in domestic law and hold all forces accountable for
deviations from these standards. These standards include the International
Covenant on Civil and Political Rights, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and the U.N.
Code of Conduct for Law Enforcement Officials.

Regarding judicial institutions

Abolish the unlawfully constituted Higher Judicial
Council, established in September 2007, and reinstate the Higher Justice
Council that existed before;

Ensure
the separation of the judiciary from the executive in practice as well as
in law.

Human Rights Watch calls on the Fatah and Hamas authorities and the
Permanent Observer Mission of Palestine to the United Nations to:

Request the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment to urgently conduct a
fact finding mission to places of detention in Gaza
and the West Bank, and publish a report
from the mission, including recommendations for the prevention of torture;

Request
that the mandate of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967 be amended to
include any violation of human rights or international humanitarian law in
those territories.

Human Rights Watch calls on the Human Rights Council to:

Support
both a fact finding mission to Gaza and the West Bank by the Special
Rapportuer on torture and other cruel, inhuman or degrading treatment or
punishment and an amendment to the mandate of the Special Rapporteur on
the situation of human rights in the Palestinian territories occupied
since 1967 to include any violation of human rights or international
humanitarian law in those territories.

Human Rights Watch calls on international donors to the West Bank security
forces to:

Cease providing aid to units that are implicated in
serious violations of human rights;

Refuse any sale or transfer of weapons to any unit or
commander where there are credible allegations of human rights abuses;

Provide human rights training, or insist that such
training is provided, as an integral part of all capacity building and
training projects for security forces. Such training should include a
strong component designed to stop the use of torture and other cruel,
inhuman, and degrading treatment for purposes of interrogation or
punishment;

Condition
aid and assistance to concrete benchmarks, such as:

Verifiable
reductions in the numbers of persons who are arbitrarily arrested or
detained;

Verifiable
elimination of torture or maltreatment in detention;

Verifiable
reductions in due process violations reported by detainees (such as
failure to inform the accused of the charges, failure to provide access
to a lawyer and failure to bring defendants before prosecutors and judges
within the legally mandated periods).

Human Rights Watch calls on Members of the Quartet (US, EU, Russia and the UN) and donors to the West Bank authorities to:

Use the influence that comes with financial
assistance and political support to urge publicly and privately that the
Ramallah authorities address the human rights abuses documented in this
report and implement the recommendations;

Promote
independent human rights groups with a monitoring capacity and an
independent judiciary with the capacity to function effectively.

Human Rights Watch calls on international donors to and supporters of Gaza security forces to:

Use the influence that comes with financial
assistance and political support to urge publicly and privately that the
Hamas addresses the human rights abuses documented in this report and
implements the recommendations;

Refuse aid to units that are implicated in serious
violations of human rights;

Cease the sale or transfer of weapons to any unit or
commander where there are credible allegations of human rights abuses;

Provide human rights training, or insist that such
training is provided, as an integral part of all capacity building and
training projects for security forces. Such training should include a
strong component designed to stop the use of torture and other cruel,
inhuman, and degrading treatment for purposes of interrogation or
punishment;

Condition
aid and assistance to concrete benchmarks, such as:

Verifiable
reductions in the numbers of persons who are arbitrarily arrested or
detained;

Verifiable
elimination of torture or maltreatment in detention;

Verifiable
reductions in due process violations reported by detainees (such as
failure to inform the accused of the charges, failure to provide access
to a lawyer and failure to bring defendants before prosecutors and judges
within the legally mandated periods).

Human Rights Watch thanks all the individuals in Gaza and the West Bank
who took the time to provide testimony, information or analysis for this
report, especially the victims of abuse. The report would not have been
possible without the reporting and assistance of human rights groups in Gaza and the West Bank, in particular the Palestinian
Independent Commission for Citizens' Rights (now the Independent Commission for
Human Rights), the Palestinian Centre for Human Rights, al-MezanCenter
for Human Rights, al-Haq and Addammeer.

[1]In June 2005 the PA adopted a mixed electoral
system, dividing the 132 legislative seats between majority vote and
proportional representation. Hamas won 45 of the 66 seats distributed by
majority system and 29 of the 66 seats distributed proportionally. Of the 74
seats won by Hamas, 27 belonged to PLC members resident in Gaza
and the remainder to members living in the West Bank.
Fatah won 17 of the 66 seats distributed by majority system and 28 of the 66
seats distributed proportionally. Out of the 45 seats won by Fatah, 16 belonged
to PLC members resident in Gaza and the
remainder to members living in the West Bank. Although
no women were elected by majority vote, women did win a segment of the
proportional vote-six on behalf of Hamas (three each from Gaza
and the West Bank) and eight on behalf of Fatah (three from Gaza
and five from the West Bank). "Election
Profile: PalestinianTerritories," IFES Election Guide, http://www.electionguide.org/election.php?ID=565
(accessed June 19, 2008); "The Final Results of the Second PLC Elections,"
Central Elections Commission-Palestine,
http://www.elections.ps/template.aspx?id=291
(accessed June 19, 2008).

[2] Independent candidates won four seats, Martyr Abu Ali
Mustafa three seats, The Third Way two seats, The Alternative two seats and
Independent Palestine two seats. "Election Profile: PalestinianTerritories,"
IFES Election Guide.

[3]The "Quartet," composed of the United
States, the European Union, Russia, and the United Nations, cut
financial and other aid to the Palestinian Authority. Japan also suspended financial aid
to the PA. The US and EU have both declared Hamas a terrorist organization.

[4] "Annual Report 2007," Palestinian Centre for Human Rights,
http://www.pchrgaza.org/files/Reports/English/pdf_annual/Summary-Eng.pdf
(accessed May 28, 2008). According the Khalida Jarrar, chairperson of the
Palestinian Legislative Council's Committee on Prisoners, 43 of the 74 elected
Hamas PLC members were in Israeli detention as of late February 2008 (42 men
and one woman). Of the 55 Hamas PLC
members from the West Bank, only nine were free, and two of them were wanted by
Israel
and in hiding. In total, 48 PLC members, or more than one-third, were in
Israeli prisons (43 from Hamas, four from Fatah and one from the Popular Front
for the Liberation of Palestine (PFLP)). (Human Rights Watch interview with
Khalida Jarrar, Ramallah, February 26, 2008.)

[6] The closure of Gaza
escalated in June 2006, after fighters from Hamas and other armed groups
attacked an Israeli military post in Israel
near the border with Gaza,
killing several soldiers and capturing Israeli Corporal Gilad Shalit (see
"Release the Hostages," Human Rights Watch news release, July 5, 2007, http://hrw.org/english/docs/2007/07/05/isrlpa16354.htm).
On June 28, Israel attacked Gaza's sole power plant, rendering the plant's six
transformers inoperable, and it has continued unlawfully to reduce fuel and
electricity supplies ever since (see "Act of Vengeance: Israel's Bombing of the
Gaza Power Plant and its Effects," B'Tselem report, September 2006, http://www.btselem.org/Download/200609_Act_of_Vengeance_Eng.doc
(accessed May 28, 2008) and "Gaza: Israel's Energy Cuts Violate Laws of War,"
Human Rights Watch news release, February 7, 2008, http://hrw.org/english/docs/2008/02/07/isrlpa17994.htm).

[12] "Hamas Takes Full Control of Gaza," BBC, June 15, 2007, http://news.bbc.co.uk/2/hi/middle_east/6755299.stm
(accessed June 15, 2008). According to one media report, quoting a US State
Department memo, in late 2006 the US government pushed the Palestinian
president to dissolve the Haniya government, assuring him that in return the
United States would "support [him] both materially and politically by lifting
[US] financial restrictions, coordinating with Gulf states to ensure prompt
delivery of promised aid, and working with the Israeli government towards a
resumption of revenue transfer." (David Rose, "The Gaza Bombshell.")

[23] "United Nations Humanitarian Monitor," United Nations
Office for the Coordination of Humanitarian Affairs, December 2007, http://www.ochaopt.org/documents/Humanitarian_Monitor_Dec_07.pdf,
(accessed June 19, 2008). Included in
the number of Palestinian deaths are those caused by factional violence, family
feuding, internal demonstrations, and shooting of alleged collaborators with Israel.
The numbers for PICCR are higher: 585 people killed from internal fighting and
412 from direct conflict with Israel.
(Numbers provided to Human Rights Watch by PICCR and from Wafa Amr, "Human
Rights Abuses Seen Up in Gaza and W. Bank," Reuters, May 27, 2008.)

[24] "United Nations Humanitarian Monitor," United Nations
Office for the Coordination of Humanitarian Affairs, December 2007.

[25] The 2006 report does not break down the abuses between Gaza and the West Bank.

[26] "Palestinian President Abbas Calls for Renewed Dialogue
with Hamas," Associated Press, June 4, 2008. The Yemeni initiative is a
Yemeni-sponsored reconciliation plan agreed to by Hamas and Fatah in March
2008.

[30] The attacks during this time are not the focus of this
report, but are well documented by Palestinian and international human rights
groups. See "Annual Report 2007," Palestinian Centre for Human Rights, "The
Status of Palestinian Citizens' Rights During 2007," Palestinian Independent
Commission for Citizens' Rights and "Torn Apart by Factional Strife," Amnesty
International report, October 2007, http://www.amnesty.org/en/library/info/MDE21/020/2007
(accessed May 19, 2008).

[31] Hamas ran for the elections as the Reform and Change
Party. Three party members won seats on the council: Rabi'a, Khaldoun Khader
and Nehayah Hamad.

[34] Human Rights Watch interview with Muna Mansoor, Nablus, October 21, 2007. In
addition to Mansoor, Hamas won four other PLC seats in Nablus. At the time of the attack, three of
these PLC members were in Israeli prisons and one was wanted by Israel and in
hiding.

[40] "West Bank Arrests after the Declaration of the State of Emergency in Palestine,"
Palestinian National Authority Ministry of Interior Special Report, November
2007.

[41] According to Hamas, the killed people are: Alsaloor Annes
in Nablus on June 14, 2007; Alsurouji Hani in Nablus on June 16; Widad Mohamed in Nablus on July 20; Mazouz Radwan in Qalqilya
on August 15; Baradie Hisham in al-Khalil on August 28; and Majid al-Barghuti
in Ramallah on February 22, 2008. Human Rights Watch did not investigate the
first five cases but the killing of Majid al-Barghuti is documented in this
report and a Human Rights Watch press release ("Punish Imam's Death in
Custody," Human Rights Watch press release, April 4, 2008,
http://hrw.org/english/docs/2008/04/04/isrlpa18425.htm.)

[46] "Regarding the Preventive Security Apparatus," enacted
November 20, 2007. The decree has no number because it has not been published
in the Official Gazette.

[47] Article 60 of the Palestinian Basic Law states: "The
President of the National Authority shall have the right in exceptional cases,
which can not be postponed, and while the Legislative Council is not in session,
to issue decisions and decrees that have the power of law. However, the
decisions issued shall be presented to the Legislative Council in the first
session convened after their issuance, otherwise they will cease to have the
power of law. If these decisions were presented as mentioned above, but were
not approved, then they shall cease to have the power of law."

[48]Article 11 of the Palestinian Basic Law states
that it is unlawful to "arrest, search, imprison, restrict the freedom, or
prevent the movement of, any person, except by judicial order in accordance
with the provisions of law."

[49] The case documented in this report is that of Majid
al-Barghuti (see chapter, "West Bank: Abuses
Against Hamas). The other case, according to PICCR, occurred on May 16, 2007,
when the Ramallah GIS arrested Fouad Ibrahim Issa, age 52. They informed the
family the following day that he had died. (Human Rights Watch interview with
Randa Siniora, Ramallah, February 26, 2008.) Human Rights Watch did not
investigate the case.

[53] Under the Palestinian penal procedures law, police can
hold a person without charge for up to 24 hours. At that point they must bring
a detainee before a prosecutor, who may extend detention for up to 48 hours. After
72 hours, a judge must review the case. He or she can extend pre-charge
detention for 15 days, renewable by a judge for a maximum of 45 days. During
this time, detainees are allowed prompt and unhindered access to legal counsel.

[54] According to PICCR (now ICHR), between September 26 and
October 1, 2007, the security forces in Jenin refused to release six people
whom the court had ordered released on bail: Mahdi Murshed Baker, Mohammed Emad
Makhlouf, Mohammed Adel Fawzi Salah, Daoud Bassam Salamah Khamaysah, Hifthi
Mohammed Kamel Zeid, and Yousef Tawfiq Mahmoud Abu-Alrub. Two others were similarly
held by the Bethlehem GIS: Khaled Youssef Hasasnah and Rami Khaled Hasasna. ("PICCR
Demands an Immediate Release of Detainees in Response to Judiciary Decisions,"
PICCR press release, October 9, 2007.)

[61] Human Rights Watch interview with Sahar Francis, director
of Addameer, Ramallah, February 26, 2008. According to Addameer, more than 750
Palestinians are in Israeli prisons on administrative detention without charge
or trial.

[68] Human Rights Watch interview with Sahar Francis, Ramallah,
February 26, 2008. The requests were sent in July and August 2007 through the
organization al-Haq.

[69] The PICCR was established in 1993 by
presidential decree by then-President Yasser Arafat with a mandate "to
follow-up and ensure that different Palestinian laws, by-laws and regulations,
and the work of various departments, agencies and institutions of the State of
Palestine and the Palestine Liberation Organization meet the requirements for
safeguarding human rights." (Palestinian Independent Commission for Citizens'
Rights, http://www.piccr.org/index.php
(accessed June 14, 2008). In addition, article 31 of the Palestinian Basic Law provides for the
establishment of an independent commission for human rights.

[97] At the time of the incident, the head of Preventive
Security in Hebron
was Ayad al-Qrah, and Jabril Bakri was his deputy. Al-Qrah was apparently
indisposed at the time, so Bakri signed the letter. In the meantime, Bakri
replaced al-Qrah as Hebron Preventive Security commander.

[104] "Black Pages in the Absence of Justice: Report on Bloody
Fighting in the Gaza
Strip from 7 to 14 June 2007," Palestinian Centre for Human Rights.

[105] On July 15, the dead body of Walid Abu Dhalfa was
delivered to al-Shifa hospital, one week after his detention by Hamas forces. A
spokesman for the Qassam Brigades said Abu Dhalfa died while trying to escape. ("Palestinian
Man Dies after Taken Into Custody by Hamas," Associated Press, July 16, 2007). According
to PCHR, members of the Qassam Brigades tortured Abu Dhalfa and his brother,
Khalil Salman, in the al-Mashtal detention facility. ("Palestinian Detained and Tortured in al- Mashtal Detention Center Dies,"
Palestinian Centre for Human Rights press release, July 16, 2007, http://www.pchrgaza.org/files/PressR/English/2007/60.2007.html
(accessed May 27, 2008).

[110] Human Rights Watch observed this firsthand in October 2007
when visiting the Gaza
border at Rafah. At least two of the approximately 12 National Security Force
members were wearing black T-shirts of the Qassam Brigades, but they
purposefully covered the shirts when posing for a photograph.

[111] "Internal Order 128/2007, "For the
Leadership of the Internal Security Forces," Palestinian
National Authority,
September 19, 2007.

[112] "Inside Gaza:
The Challenge of Clans and Families," International Crisis Group report,
December 20, 2007, http://www.crisisgroup.org/home/index.cfm?id=5234
(accessed July 10, 2008). According to the International Crisis Group, on July
3, 2007, Hamas forces laid siege to the Dughmush quarter in GazaCity
and arrested family members to pressure them into releasing the BBC journalist
Alan Johnston, who was kidnapped on March 12. The Dughmush clan released Johnston the following
day.

[129] According to PCHR and al-Mezan, on June 26, 2008, police
in Deir al-Balah arrested 72-year-old Taleb Mohammed Abu
Sitta, together with his son Mustafa, on suspicion of drug dealing and took
them to the local station. Abu Sitta's dead body was transported to the
hospital the following day. The son Mustafa told PCHR that the police had badly
beaten him and his father, who was tied to a bed. ("PCHR Calls for
Investigation into the Death of an Old Man in Suspicious Circumstances in the
Police Station in Deir al-Balah," PCHR press release, June 29, 2008, http://www.pchrgaza.org/files/PressR/English/2008/61-2008.html
(accessed July 4, 2008) and "Elderly Man Dies in Deir Al Balah," Al-Mezan press
release, June 27, 2008, http://www.mezan.org/site_en/news_detail.php?id=2596
(accessed July 4, 2008).

[141] Letter to Human Rights Watch from the office of Prime
Minister Ismail Haniya, June 4, 2008. The punished violations were for three
accidental killings, 24 physical attacks, and eight physical attacks on a
detainee or prisoner. The punishments for these violations were dismissal,
detention or fine. The letter did not specify which punishments were for which
offense, or provide other details of the violations.

[142] The letter did not specify which principles in the order
had been violated, but the punishments were detention (365 cases), salary
deduction (115 cases), written pledge not to repeat the violation (82 cases)
and dismissal (37 cases). One hundred-seventy five cases were still under
investigation.

[161] See UN Human Rights Committee, General Comment 31, Nature of the General Legal Obligation on States Parties to the Covenant,
U.N. Doc. CCPR/C/21/Rev.1/Add.13 (2004) for how this duty arises in the ICCPR.

[162] Human Rights Watch interview with father of victim, GazaCity,
October 14, 2007.

[186] In November 2007, Israel confiscated dozens of sets
of body armor donated to the Presidential Guard because the delivery had not
been coordinated with Israeli authorities. As of May 2008, Israel had not returned the
equipment. Isabel Kershner, "Palestinians Seek Support from Rice on Borders," New York Times, May 4, 2008.

[189] The JIPTIC is located outside of the Jordanian capital
city, Amman,
and formerly housed the US-backed Iraqi police training program. The curriculum
was designed by a US
contractor in Florida
based on specifications written by Lt. Gen. Dayton and his staff. The PA
officers receive 12 to 14 hours of instruction a day for four months. Steven
Smith "Too Little, Too Late; Palestinian Police Training," International Herald Tribune, May 20, 2008.

[191] According to media reports, many of the Jordanian
instructors did not have the expertise, equipment or requisite amount of
teaching time to properly train the officers. Vehicles, two-way radios, dummy
pistols, rifles and batons arrived too late for the first training sessions and
Israel
placed restrictions on the type of equipment and curriculum available to the
forces. Steven Smith, "Too Little, Too Late; Palestinian Police Training,";
Griff Witte and Ellen Knickmeyer, "Palestinian Recruits Hit Streets
Unprepared," Washington Post, May 3, 2008.

[194] "Gaza Discord and its Implications," Statement by
Assistant Secretary of State for Near Eastern Affairs David Welch, House
Foreign Affairs Middle East and South Asia SubCommittee, March 12, 2007, http://foreignaffairs.house.gov/110/wel031208.htm
(accessed June 16, 2008).

[210] The Government of Israel and the Palestine Liberation
Organization, "The Israeli-Palestinian Interim Agreement on the West Bank and
the Gaza Strip," Annex I, article XI (1), WashingtonD.C., September 28, 1995.

[212] A precedent for this position
rests with the joint report on Lebanon and Israel issued by four UN Special
Rapporteurs, which concluded that: "Although Hezbollah, a non-State actor,
cannot become a party to these human rights treaties, it remains subject to the
demand of the international community, first expressed in the Universal
Declaration of Human Rights, that every organ of society respect and promote
human rights." According to the report, "It is especially appropriate and
feasible to call for an armed group to respect human rights norms when it
exercises significant control over territory and population and has an
identifiable political structure." ("Mission to Lebanon and Israel," Report of
the Special Rapporteur on extrajudicial, summary or arbitrary executions,
Philip Alston; the Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health, Paul Hunt;
the Representative of the Secretary-General on human rights of internally
displaced persons, Walter Kälin; and the Special Rapporteur on adequate housing
as a component of the right to an adequate standard of living, Miloon
Kothari,UN doc A/HRC/2/7, para. 19.)

[213] "West Bank Arrests After the Declaration of the State of Emergency in Palestine,"
2007, Palestinian National Authority, Ministry of Interior.

[216] The Palestinian Basic Law was intended as a temporary
constitution until the establishment of an independent Palestinian state with a
permanent constitution. The Palestinian Legislative Council passed the Basic
Law in 1997 and President Yasser Arafat ratified it in 2002. It was amended in
2003 to introduce a prime minister and in 2005 it to conform to the new
Election Law. (See http://www.palestinianbasiclaw.org/2002-basic-law
(accessed June 9, 2008).

[217] The two–article presidential decree of June 14, 2007, said
a state of emergency was needed "because of the criminal war in the Gaza Strip
and the seizure of the PNA Headquarters and the military coup d'etat and the
armed mutiny executed by the outlaw armed militias against the Palestinian
legitimacy." The second article ordered all competent parties to implement the
decree. (See http://www.jmcc.org/goodgovern/07/eng/presidentdecrees07.htm
(accessed June 4, 2008).)